Some personal injury cases take as little as a few weeks to settle, while others may take many months—or even years—to reach a favorable settlement. The length of time it takes a case to settle depends primarily on:
- Whether or not fault (or liability) is being disputed by the at-fault party’s insurance company
- The nature and severity of the accident involved
- The nature and extent of the personal injuries sustained
- The medical treatment received by the accident victim and whether he or she has finished treatment
- The presence or absence of permanent injuries and damages
- The potential for noneconomic damages
- The likelihood of future medical procedures
- The willingness of the insurance company to settle the case
In any personal injury case, it is important to understand that there is no such thing as a “perfect” settlement, where both sides of the dispute get exactly what they want. Rather, a good settlement offer means that the injured accident victim thinks that the case is worth more but can accept the settlement amount. Likewise, the insurance company believes that although it is paying out too much, it can live with the final settlement number.
The majority of personal injury cases settle before the trial date, and an experienced attorney may be able to help you reach a favorable settlement that much sooner. The Gwinnett County, Georgia personal injury lawyers at Brauns Law can negotiate with the insurance company on your behalf and work toward obtaining a fair and favorable settlement offer in your case.
The Settlement Negotiation Process
Once you file a personal injury claim with the at-fault party’s insurance company and submit a demand package, the insurance company’s adjuster may make an initial settlement offer on your case. Adjusters make these initial offers only to start the ball rolling, so to speak, and should not be accepted. This is because initial settlement offers are usually far less than what the personal injury case is actually worth. Following an initial offer, the parties will begin settlement negotiations which can last several months or longer, depending upon the complexity of the case.
If the case still does not settle after several rounds of negotiations between the plaintiff’s attorney and the insurance adjuster, plaintiff’s counsel will usually go ahead and file a lawsuit with the court. This is usually done in order to provoke a reaction from the insurance company and hopefully get them to offer decent money on the case. Merely filing a complaint with the court does not necessarily mean that your case will go to trial. In fact, a case can settle anywhere along the way. Courts do usually set a trial date for eight to 12 months down the road (trial courts)—or closer to six months down the road for lower-level district courts.
Call a Gwinnett County, Georgia Personal Injury Lawyer Today for a Free Initial Consultation and Case Evaluation
The personal injury lawyers at Brauns Law can assist you during the settlement negotiation phase of your case. Our attorneys can also make a recommendation about whether you should accept a pending settlement offer or risk taking your case to trial.
To schedule a free consultation and case evaluation with a Gwinnett County, Georgia personal injury lawyer, please call us at (404) 418-8244 or contact us online.