How Long Will My Case Take?

You have been hurt in an accident. Your medical bills are piling up. You cannot work.

At Salvi, Schostok & Pritchard P.C., we understand how stressful this situation can be for accident victims and their families. That’s why our goal is to resolve every case as efficiently as possible so our clients can move on with their lives.

If you would like to learn more about our lawyers’ approach to handling accident and personal injury cases in Chicago and throughout Illinois, call or contact us online today.

The following may also be helpful in understanding how long your case may take.

The Timeline for Settlement Negotiations

In general, your case will be resolved in one of two ways: Through a settlement with the at-fault party’s insurance company or by a verdict rendered by a judge or jury.

The time it will take to settle your case out of court will often depend on the willingness of the insurance company to make a reasonable settlement offer.

If you have serious injuries and a really strong case, your claim could be resolved in days or weeks. The insurance company may be ready to make a settlement offer that pays out the maximum policy limits. If you accept this offer, you can sign a release of liability and receive your compensation without delay.

However, if the insurance company thinks you have a weak case, believes you are exaggerating your injuries or thinks they can get you to settle for less, you may be in settlement negotiations for a longer time. In some cases, a mediator may be needed to help resolve the case through settlement.

You should never accept a settlement offer that is too low or that doesn’t cover your losses in full. You cannot go back and change your mind and ask for more funds after you settle. Don’t let an insurer pressure you into giving up your rights too soon.

You also need to ensure that the full extent of your injuries and damages are known before settling. Never accept an offer until you have a conclusive medical diagnosis.

The Timeline for Court Action

If your case isn’t resolved through settlement, then it will be resolved through a court case. When you have filed your lawsuit, the defendant will need to be notified and given time to respond. Preliminary hearings will be scheduled with the court. A trial date will be set. There will be a “discovery” process where each side gathers evidence and builds a case. You can also expect that your lawyer and the defense lawyer will make motions that a court must rule on. All of this can take a long time to happen – especially if the court is busy and cannot schedule your case to be heard for several months.

The important thing when trying to move your court action forward is to respond quickly to court actions, to always comply with deadlines and to show up when expected. Your attorney will take care of doing everything possible to move your case forward so the delays are kept to a minimum.

Timelines for Different Types of Cases

The type of case you have is a major factor that can impact the amount of time it takes to reach a settlement or verdict. Here are some of the questions that we receive about different types of cases:

What Is the Auto Accident Settlement Timeline?

The following steps may be completed as part of the auto accident settlement process:

• Investigation into your claim – The insurance company and your lawyer will investigate your car accident and determine who is at fault. They may review photos or videos of the accident, analyze the physical damage, and read over the accident report.
• Gathering of evidence – Your lawyer may help gather additional evidence to establish fault and the full extent of your damages. This evidence may include video from nearby surveillance cameras, eyewitness statements, medical records, and employment records that show the amount of wages you lost.
• Demand – Your lawyer will demand compensation from the insurance company to fairly compensate you for the economic and non-economic losses you’ve suffered.
• Settlement negotiations – The insurance company may deny the initial demand and make a counteroffer for less money. Your lawyer and the insurance company may go back multiple times before reaching a settlement.

Why Is My Car Accident Settlement Taking So Long?

Every case is different. The time it takes to reach an amicable resolution of one claim may be different than the time it takes to settle another claim. Your lawyer will likely advise you to completely heal from your injuries or reach maximum medical improvement before considering a settlement so that you know how the injury will impact you. A lawyer can explain where you are in the process and how long your case may take to settle.

How Long Will a Car Accident Lawsuit Take?

Most auto accidents settle through the insurance claim process, which may only take a few months. However, when an auto accident case goes to trial, it often takes a year or more to reach a decision.

How Long Will My Medical Malpractice Lawsuit Take?

Medical malpractice cases are often complicated and often involve multiple medical providers and staff who could be liable for your injuries. Therefore, medical malpractice cases often take two to three years, while the most complex cases can take even longer. Medical malpractice cases that include complex or novel medical problems or legal issues can take longer to understand and reach a decision.

Birth injury lawsuits can also take an extended time to resolve. It may take months or longer for doctors to understand the full extent of the baby’s injuries, which is crucial for determining the value of the case as well as understanding what the medical staff did wrong to cause the injury. Evaluating a birth injury often requires medical experts who can assess the details of the medical condition. Additionally, some birth injuries harm the baby as well as the mother, which requires additional assessment to understand the nature of both individuals’ injuries.

What Is the Medical Malpractice Lawsuit Timeline?

A medical malpractice lawsuit can go through many steps, including:

• Pre-trial investigation, including preparing an affidavit that states an expert witness has reviewed your medical records and concluded that your case has merit
• Pleadings to officially begin the litigation process
• Settlement negotiations
• Arbitration proceedings if the parties agree to them
• Discovery to obtain more information from the other side, including the requirement to undergo physical examinations
• Trial

When complex issues are involved in the case, medical malpractice cases may take years to work their way through the court system.

When Will I Get My Check for My Accident?

Once you reach a settlement, it usually only takes a few weeks to receive your settlement check. Your lawyer will deduct their fees and costs, as well as resolve any medical liens before disbursing your check.

Different Factors that Impact the Length of Litigation 

Every case is different, even within one category of cases. Your attorney may be able to give you a rough estimate of how long the case could take, but so many factors are unpredictable that it is impossible to predict an exact length.

There are many factors that can impact the length of litigation. Some factors that may make for a longer case include:

• Complex case
• High dollar amount of damages
• Severe injuries
• High caseload in your jurisdiction
• Defendants less willing to settle

Although these factors can delay your case, you should continue to do your part by meeting all deadlines, responding to inquiries from your attorney immediately, and being proactive every step of the way.

Awaiting the Resolution of Your Case

Waiting for compensation can be very difficult. But you should never give up the compensation you are entitled to just because you want things to be resolved quickly.

If you need help paying for medical bills before the case is resolved, options such as healthcare liens may be a solution you can use to give you more time. This would simply involve the care provider offering care now in exchange for a claim on the future compensation you receive when your case is resolved.

The Importance of Being Patient

It may feel tempting to agree to a lower settlement to get the case over with and pay your medical bills immediately. However, accepting a lowball offer will likely hurt you in the long run. You may not know the extent of your injuries right away. Medical treatment may last longer and be more expensive than you imagined. By being patient, you will have time to receive quality medical care now. You may be more likely to secure sufficient compensation to cover comprehensive medical care for as long as you need it when you are patient.

Additionally, when someone causes injury through their negligent actions, they should pay for the harm they caused. Not only does this help you recover the money you need, but in cases such as medical malpractice, it may motivate the responsible party to prevent similar mistakes in the future.

Our Chicago Personal Injury Lawyers Can Help Move Your Claim Forward

The personal injury lawyers at Salvi, Schostok & Pritchard P.C., can explain all of your options to you, help you to resolve your case as efficiently as possible and seek full and fair compensation for you and your family at the end of the process.

To schedule a free consultation, call us today or reach us through our online form.