Written By: Moore Law Firm
Whenever our law firm is hired to represent a client, it’s usually the first time that they’ve ever hired a car accident lawyer. Hiring a lawyer, especially under such unpleasant circumstances can often be difficult to process, which is why we understand that our new clients often have plenty of questions about their claim. One particular question that comes up quite often is:
How long will my injury lawsuit take?
Answering this question is often avoided by most injury attorneys, however, our law firm encourages transparency with our clients and would like to help answer this question to provide some insight into what exactly goes into getting your injury case resolved.
How Long Does An Injury Lawsuit Take?
J. Michael Moore, a car accident lawyer based in McAllen, says that in Texas, realistically, your injury case can take anywhere from as little as a few weeks to as long as several years. In truth, there isn’t a lawyer in the world who can predict when exactly a case will be resolved because there are so many different factors to consider. In fact, a lot of these factors may be entirely out of your attorney’s hands.
Here are a few major factors that could help determine how long your case will take.
1. Disputes of Facts and Liability
Probably, the biggest factor that will determine the turnaround on your injury case is whether there are any major disputes of facts or who was at fault for your injuries. A case where the facts are clear and the party at fault can easily be determined (liability) is often referred to as a “slam dunk” or an “open and shut” case.
Other times, the facts may not be so clear and it’s a lot harder to determine who was at fault for your injuries. For example, let’s say a truck driver was driving on the highway and needed to pull over for an emergency. The truck driver subsequently parks themselves on the left shoulder, sticking out into the left lane, and did not place their emergency cones on the street immediately to warn oncoming drivers. Now, say another car was speeding on the same highway and suddenly sees that the truck is not moving and the car is going too fast to slow down to avoid a collision with the truck. The driver thinks to serve right but there’s traffic, so the only thing they can do is break and, eventually, crash into the truck.
Who’s at fault for the driver’s injuries? Was it the professional truck driver who should have parked further into the shoulder or was it the car that failed to drive at a safe speed where they could have avoided the roadside hazard?
Disputes in the case could lead to both sides not budging with eventually the case needing to be resolved in court, which is a process that could take years.
2. The Severity of Your Injuries
If you’ve been in a major car or truck accident, the likelihood that you had fully recovered by the time you’d sought an injury lawyer is highly unlikely. Often times surgery, follow up treatment or therapy is necessary to recuperate from your injuries. All of these additional necessary medical services cost money, which will, ultimately, be part of your claim that your attorney can collect back to pay your medical providers. For injury attorneys, it wouldn’t make sense for the negotiation process to end and to settle your case in the middle of your treatment.
Let’s say, for example, you were in a terrible car accident that left you permanently disabled. Texas law permits you to recover damages for things such as loss of future wages and loss of limb among other damages. To prove these major damages, oftentimes an expert will need to be brought in to evaluate how much that is ultimately worth. These expert opinions take time and research craft and, sometimes, insurance adjusters may bring in their own experts to discredit your expert’s opinion, which leads us to our last factor.
3. Insurance Carriers Not Negotiating In Good Faith
We’ve covered this issue over and over again, but for the uninitiated, you should know that insurance companies are not your friend. Insurance adjusters have ZERO interest in making sure you’re taken care of and that you have all the money you need for your injuries. In fact, their only job is to make sure they pay you as little as possible. Insurance companies are part of a multi-billion dollar industry that’s built on undervaluing or denying legitimate claims.
Even with blatant evidence, some insurance companies will find any reason to stall the claim and frustrate the victim into giving in and settling for pennies of what the claim is actually worth. Often times, they will push the claim into litigation where a lawsuit becomes necessary and triggering another roadblock that could potentially take much more time to settle.
4. Not Hiring The Right Lawyer For The Job
If you had an issue with your heart, you’d go see a cardiologist. If you had an issue with your sink, you’d call a plumber. Like many other professions, most lawyers practice in specific areas of the law. Some lawyers handle car accident cases while other lawyers handle federal tax law. When looking for an attorney, you’ll want to make sure that they have experience in the field where you have a specific need.
For example, personal injury lawyers will often have a network of experts and professionals to help cater to injury victim cases where other lawyers who don’t practice injury law may not have those resources available, delaying your case even further.
Partnering up with a great injury lawyer could potentially move your case in the right direction much more efficiently.
Call The McAllen Car Accident Lawyers At Moore Law Firm Today
If you were injured in a car accident, call the McAllen Car Accident Lawyers at Moore Law Firm today for your FAST and FREE CONSULTATION at 1-800-444-2780.