How long should a personal injury case take

The length of time that it takes to have a personal injury case either tried or settled depends on a lot of factors. In Florida there is a threshold that must be reached before a personal injury lawsuit can be brought. That threshold involves the extent and permanency of the injury. When an accident first occurs, it is often difficult to determine whether an injury will result in any permanency. Therefore, there is typically at least a six-month delay waiting to determine if the client has received a permanent injury. Once that is determined, the length of time the case is going to take to be resolved may depend a lot on the diligence of the attorney handling the case.

Once it is apparent that there is a permanent injury, suit should be filed immediately. Once suit is filed, there can be a year or more delay until a trial can be had.

At the beginning of the case there can be settlement negotiations, but insurance companies are rarely realistic at the beginning of a case. Most insurance companies benefit by delay.

Insurance companies make their profits from investing premiums and the longer they can take to pay a claim, the more they make on that investment income. It, therefore, takes an aggressive attorney to break through the roadblocks to get a case set for trial. Only after there is a trial date Ted Babbitt

Babbitt and Johnson, P.A. do realistic negotiations take place.

In almost every personal injury case in Florida, the judge will order the parties to mediation. If a case is not settled at the first mediation, it may well continue until shortly before trial before any meaningful negotiations continue. A good personal injury attorney must be ready to try the case if a reasonable settlement offer is not made. The insurance company must fully believe that the attorney will take the case to trial if they do not offer a reasonable settlement.

Lawyers who handle these kinds of cases do so on a contingent fee basis meaning they take a percentage of recovery rather than an hourly fee.

Theodore Babbitt is senior partner in the law firm of Babbitt & Johnson, P.A., and is a member of the Inner Circle of Advocates, which is limited to the top 100 personal injury lawyers in the United States.