The repercussions can be life-changing when someone else causes you to suffer a significant injury.
Hospital bills and recovery time away from work, along with the physical and emotional pain of the injury, can take their toll.
For being forced to face all these obstacles, you deserve compensation. And you deserve it fast.
When dealing with the uncertainty of recovery, you may wonder how quickly you can recover compensation for all the damage someone else caused.
Additionally, you may wonder, How often do personal injury claims go to court? Though every case differs, it helps to understand the potential timeline most personal injury cases will go through.
Personal Injury Claim Timeline
Most accident claims follow a similar personal injury claim timeline. First, an accident or intentional act leads to an injury.
Seeking immediate medical attention after the injury is an essential first step to protecting your health and well-being. Further, quickly receiving medical care will help prove the accident caused your injury.
Next, it is crucial to contact an experienced personal injury attorney. An attorney can conduct a thorough investigation and help you document proof of your injuries.
They will also help you obtain evidence proving the responsible party is liable and owes you compensation for your injuries.
Once the investigation is complete, your attorney will file a claim with the responsible party and their insurance company.
This step will begin the process of negotiating a settlement. If all parties can reach an agreement, a settlement can quickly resolve the issue.
However, if settlement negotiations fail, the next step is to file a civil lawsuit. During a trial, both sides will have the opportunity to gather evidence and prove their case.
This process can take a significant amount of time and presents a greater risk than settlement. Ultimately, a judge or jury will decide the case.
How Often Do Personal Injury Claims Go to Court
Since a trial can take so much time, victims should understand how often personal injury claims end up in court.
Given the vast number of personal injury claims and the fact that settlements are usually confidential, it is impossible to get an exact percentage of claims that go to court.
However, it is commonly accepted that most claims are settled out of court. A 2005 Department of Justice survey backs up this notion; the percentage of cases that go to trial is almost certainly in the low single digits.
Types of Personal Injury Claims
The types of personal injury claims you make will affect what you must prove to be entitled to compensation. This difference can affect the case’s timeline.
The most common type of personal injury claim in Colorado is a negligence claim. To prove a negligence claim, a victim must establish the four elements of negligence.
- The defendant owed a legal duty of care to the victim,
- The defendant breached their duty of care,
- The defendant’s breach caused the injury, and
- The victim suffered a compensable injury.
If a victim can prove all four elements of negligence, they will likely be able to recover damages for their injuries.
Strict Liability Claims
In some cases, Colorado law imposes strict liability on defendants for certain acts or omissions.
When the law imposes strict liability on defendants, they are liable to pay damages even if their actions were not negligent. Claims based on Colorado’s dog bite law are typical examples of strict liability claims.
Defendants are also liable for the damage they cause when they intentionally injure others. For example, a mugger who stabs you in committing a crime is likely liable for your injuries.
Average Time to Settle a Personal Injury Claim
Unfortunately, there is no way to reliably estimate the average time to settle a personal injury claim. Several factors will influence how quickly a victim can recover compensation.
For example, insurance companies have different policies regarding how they settle. Some insurance companies are faster than others.
It is difficult to predict all the factors that affect the amount of time it takes to settle a claim without specific details.
Colorado Personal Injury Lawyers
We aim to achieve the best results for our clients as quickly as possible. Our Colorado personal injury lawyers work directly with clients and care deeply about client satisfaction.
Contact the Tenge Law Firm today to schedule a consultation.