When Does Someone Have A Case And How Long Will It Take?
What Elements Or Components Of A Collision Case Make It A Viable Case Vs. One That’s Probably Not Going Anywhere?
Talking about a good case and a good settlement, if you were not at fault at all, there is no comparative negligence. You have serious injuries in the accident that have been documented by the doctors, you have consistent treatments for those injuries, and you have sufficient insurance coverage, whether it is insurance coverage by the at fault driver or your own uninsured/underinsured motorist coverage.
In a bad case, the person may be at fault to some degree or there is some portion of comparative negligence that you’re fighting over, such as low property damage. If it’s something that somebody just rolled into the back of you and tapped you, that’s not really going to be a great case. There is not going to be an ability to really correlate injuries in that low impact kind of case.
It does happen where there is a low impact and there is a severe injury because somebody may have had a pre-existing condition. For example, if you had back surgery not too long before this accident, then you’re in a more fragile stage than a normal human being that didn’t have surgery on their back and even though it’s a low impact that caused severe injuries, a lot of times, the low impact accident also goes along with minor injuries.
Then there is the factor of inconsistency of treatment, gaps in treatment or if you treat one day this week and wait three weeks and treat again.
The last component of that is you can have everything else good, but if you have a lack of coverage either for the person that’s at fault, they don’t have any insurance coverage or they only have a $10,000 policy and you have no uninsured/underinsured motorist coverage and the defendant driver or owner of the vehicle that was at fault, doesn’t have any assets to go after, then it doesn’t really matter how much you’re injured because there is nothing to collect from.
How Long Do These Types Of Cases Typically Take To Resolve?
That varies greatly. The more minor impact cases that just need some conservative care like chiropractic care can be done in 3 to 6 months. The more extensive cases with the more severe injuries or disputed liability can last for years.
Generally, if you have to get to a trial because you’re unable to resolve it with the insurance company during that time without getting into litigation, you’re usually not going to get to a trial in less than a minimum of a year and it may take several years to get to a trial.
If you get to the trial and you get a favorable verdict and the insurance company appeals it, as a lot of them do, then you can be talking a couple of years on appeal waiting for an appellate decision to be made either to say they are right or they are wrong. But if they say that the lower court was wrong, then you’ve got to start all over again.
So, there is a vast difference in time in cases. Some cases settle in as little as 3 months, while others go on for 10 years.
If you are not sure Whether You Have Personal Injury Case After An Auto Accident, call the Franco Law Group for a free initial consultation at (813) 873-0180 and get the information and legal answers you’re seeking.
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