If you are injured in an accident in Michigan you may be entitled to compensation if another party caused, or contributed to, your injuries. The law allows a victim to pursue damages from an at-fault party if the injuries were the result of a personal injury accident. Understandably, one of the most frequent questions we are asked by victims of a personal injury accident is “ How long does it take to resolve a personal injury case? ” Because of the unique nature of a personal injury case it is impossible to provide a simple answer to that question; however, understanding the factors that go into determining how long it takes to resolve a case may be helpful.
- Type of case – various types of “accidents” fall under the purview of personal injury law. Some are easier to litigate than others. A simple car accident case, for example, tends to be easier to resolve than a complicated product liability case involving an auto manufacturer.
- Extent of injuries – before the parties can even begin to negotiate a settlement your injuries must have reached a point referred to as “maximum medical improvement”. Essentially, this means that although you may not be back to where you were before the accident you have reached a point at which the doctors do not anticipate you will improve much more. Only then can negotiations begin. Therefore, the more serious your injuries the longer it will take to settle your case or prepare for trial.
- Determining fault – for a victim to be entitled to damages (compensation) the defendant must first be found to have been at fault. This requires the plaintiff (injured party) to prove the defendant was negligent, intentionally injured the plaintiff, or that strict liability applies. If the defendant denies fault, it can take much longer to resolve a personal injury case.
- Defendant’s willingness to settle – most personal injury cases are settled without the need for a trial. This, however, depends on the defendant’s (or the defendant’s liability insurance carrier) willingness to settle the case. If the defendant is not willing to settle it will typically take months, even years, to get a case to trial.
- Plaintiff’s expectations – along with the defendant’s willingness to settle the plaintiff must also have realistic expectations when it comes to settling a case. Holding out for a large sum of money if the injuries do not warrant it can cause a simple case to drag on unnecessarily.
If you have been injured in a personal injury accident in the State of Michigan, consulting with an experienced Michigan personal injury attorney is the best way to get an idea how long your case will take to settle.
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