How Long Does A Catastrophic Injury Lawsuit Take?

A catastrophic lawsuit typically takes several months to a few years to resolve.

It can be difficult to determine exactly how long it may take, as many factors must be considered. This includes how long it takes to collect evidence, build an argument, and the cooperation between the opposing parties.

An experienced catastrophic injury attorney, such as Kyle Bachus, can help walk you through the basics of your case and give you a rough time frame of what to expect regarding how long your catastrophic injury lawsuit may take.

If You Or A Loved One Has Suffered A Catastrophic Injury At The Hands Of Another Person, Contact Kyle Bachus Today.

What Is A Catastrophic Injury?

A catastrophic injury is an injury that results in the victim having permanent damage that they could endure for the rest of their life. Anyone who suffers from catastrophic injuries usually struggles with limitations to their mobility or cognitive functions. These limitations can last anywhere, ranging from months to years or the duration of the victim’s life expectancy.

Whether you are the victim of a catastrophic injury or the family member of a person who has suffered this type of injury, the repercussions are likely to place a burden on everyone. This is why it’s necessary to contact an experienced and reputable catastrophic injury lawyer right away.

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What Is A Catastrophic Settlement?

A catastrophic settlement is a settlement amount paid out on catastrophic injury lawsuit claims. The two parties in the lawsuit will work toward reaching an agreeable settlement in which the victim may be properly and maximally compensated for the injuries sustained due to the defendant’s negligence.

Typical Timeline Of A Catastrophic Injury Lawsuit 

The typical timeline of a catastrophic injury lawsuit is one to three years or longer.

The stages of the process are:

Investigation

This involves gathering evidence to build a strong case. Investigation can take one to three months.

Filing the Claim

With the information gathered, you can send a demand letter to the defendant’s insurance company. The insurer can accept liability, which will initiate negotiation. If they deny liability or a settlement can’t be reached, you can file a lawsuit.

Since it’s crucial to wait until you reach maximum medical improvement (MMI) to file a claim, the pre-lawsuit stage, including negotiations, can last 12 months or longer.

Discovery

The discovery stage is entered after formally filing a lawsuit. This phase involves both parties exchanging evidence, taking depositions under oath, submitting interrogatories, and obtaining expert testimonies to build their cases. It can take six to 12 months or longer.

Negotiation

Using fully uncovered evidence, parties can negotiate to settle. This often happens through formal mediation, which can last a few days to weeks.

Trial

If a fair settlement can’t be reached during negotiations, the case moves to trial.  A trial can be scheduled to begin several months after the discovery phase closes.

At What Stage Do Most Lawsuits Settle?

Most lawsuits typically settle after the discovery stage comes to a close. When all parties have the necessary evidence and depositions from expert witnesses to work toward building a case, they may begin settlement discussions and negotiations. It is during these negotiations that a settlement is usually, and preferably, reached.

Some settlements may be reached quickly and without much conflict. In contrast, others may require additional help, such as the use of mediators, to guide discussions and allow the parties to work through the issues within the lawsuit and the various claims.

Deciding on a settlement can be quite complicated, especially when you consider the interests of both parties, the insurance companies, and the nature of the injuries. This is why having a well-versed personal injury attorney representing your interests is important — they will ensure your settlement is reached as quickly as possible.

How Long Does It Take To Reach A Settlement?

Some cases may settle as soon as a few months, whereas others could take up to a couple of years.

Various factors affect the timeline, including:

• Severity of the injury: An injured victim who suffers a severe injury needs more time to reach MMI to accurately calculate the value of their claim.
• Length of medical treatment: If an injury requires several treatment plans, such as surgeries and rehabilitation, it can take a long time to reach MMI.
• Cooperation of insurance companies: In lawsuits where the parties are willing to cooperate, a settlement may likely be reached earlier in the process.
• Disputes over fault: When fault is disputed, a case can take longer to settle, as the insurer will typically fight harder, resulting in prolonged investigations and negotiations.
• Court scheduling delays: If a case goes to trial, the scheduling date will depend on the court’s availability. If the court is heavily backlogged, a trial date can be pushed back by months.

Other factors that can impact how long it may take to reach a settlement include how long it takes to obtain evidence and other information necessary for building a legal argument.

How long does it take to get an injury claim payout?

Once a settlement has been reached in a catastrophic injury lawsuit, the next step is determining how you would prefer to receive the payment. The two main options that may be chosen include lump sum payments or structured settlements. The lump sum payment is what it sounds like — you will receive the settlement in one large lump sum. On the other hand, the structured settlement means that payment will be staggered over a certain period.

Lump-sum payments are typically chosen when the damages are known. Whereas structured settlements are chosen when the injuries are lifelong, and the plaintiff will likely require financial support over the remainder of their life expectancy. Structured settlements are often the preferred choice in catastrophic injury lawsuits.

Regardless of which payment structure is decided on, the first claim payout is typically distributed relatively quickly, oftentimes within a couple of weeks after the settlement is agreed upon.

If you sustained a catastrophic injury due to someone else’s negligence, it’s vital to learn about your case and its expected timeline. Consider speaking with an experienced attorney to make informed decisions.

Contact Us Today To Understand Your Case.