How long does an accident case take?
by lauraramos | November 16th, 2019 | General
This is one of the questions that most of our clients know. Whether a person has an injury case, a crash case or an accident case of any kind, it is important to understand the legal situation one is in when someone hurts us without being our fault.
The number of factors that influence the amount of time a case will take is very large, for example, what it takes for a case may depend on the following:
- If it was already determined who the guilty person or company was
- If there is an insurance policy that covers damages
- if the policy has enough funds
- if there is evidence of the severity of the damage to the vehicle (in car accidents)
- If there are witnesses who are willing to give testimony
- If there is evidence of how the accident occurred
- If the complete file of the agency that investigated the facts has already been obtained
- If the victim’s medical treatment has already ended or continues
- If there is a need to file a lawsuit in court
- If the medical treatment providers have completed all the documents belonging to the victim’s medical history and have given them to the lawyer
- If there are recommendations for future medical treatment and what are the costs
- If there is evidence that future medical treatment is recommended and will be obtained.
We have had clients that tell us that they have an acquaintance and their acquaintance had a legal case that was resolved quickly or that was resolved for a lot of money. Clearly, that is the goal of our office in ALL and each of our cases. However, it should be borne in mind that although there are many similar cases, none are identical. There are many circumstances that prevent an immediate resolution in some cases.
Take for example the case in which a worker is injured at work. The worker has a case against his employer because the employer did not provide protection and was to blame for the injury being so severe. The worker is attending physical therapy. While the worker tries to recover his health, the office of injuries is generally gathering and preparing the evidence that will be used in his case to prove the fault of the employer. Even if the firm wanted to resolve the case immediately to help the worker, an accident case of any kind involves several stages. You have to prove the fault of the employer. This can be done without going to court in some cases. In other cases, even if all the evidence is in favor of the worker, the employer or the insurance company may refuse to accept guilt. But even if they accept guilt, as the worker is still receiving medical attention, if the office closes the case, he risks leaving the worker without fair compensation for his future damages.
Generally, people who are to blame in an accident and their insurers (or insurers) are not going to pay the fair amount unless they are shown with evidence that they were to blame and the amount of the damages that were caused: these can be medical bills, loss of salary, expenses on medicines, etc. Many times even when the evidence exists, the culprits or their insurers will refuse to pay the fair amount. If this occurs, the firm will evaluate the case to determine whether it is pertinent to file a lawsuit in court.
A lawsuit process is governed by rules and laws that impose different deadlines for certain processes to occur. Placing a lawsuit in court does not guarantee that the case will be resolved faster, in fact, it often means that it will take a long time. However, the accident victim has no choice but to obtain justice through the legal system.
If you had an accident and would like more information, call us now at 512-537-3369 for a free consultation.