Two of the most common questions we get from our clients at Ginsberg & Caspi, PLLC, are, How much is my case worth? and, How long will it take?
The truth is that because each claim and injury is unique, so is each outcome.
Unfortunately, we do not have a crystal ball to see how much a case will settle for and how long it will take. A few relevant factors, however, can give us a clue as to a settlement’s size and timing.
Type of Damages
The type of damages in a claim can dramatically affect both the answer to, How long does a personal injury lawsuit take? and, How much is a personal injury case worth? If the only damages in a personal injury claim are easily provable.
Tangible economic damages, for example, a settlement can happen relatively quickly. After all, in such a case, there is not much to disagree over.
On the other hand, a claim for non-economic or punitive damages can take longer to resolve. It is not as simple a task to prove non-economic damages as it is to prove economic damages.
This is because non-economic damages are not tangible and are thus inherently subjective. The same goes for punitive damages.
The existence of punitive or non-economic damages will likely mean that the case settles for more money than a case based solely on economic damages. It will also likely take longer to settle. This, however, is not a steadfast rule, as every case is unique.
The Nature of the Dispute
The nature of what is disputed in a personal injury case can dramatically affect how long a settlement takes. On the one hand, if the only disagreement is over the amount of compensation, a resolution can come relatively quickly.
The only thing that the lawyers have to negotiate in such a case is a number. Everything else is agreed upon by the parties already, so a settlement is within reach.
On the other hand, if the dispute is over the case’s facts, a settlement may take some time, and the case is more likely to go to court. This is doubly so if fault is disputed. If a case goes to court, it will take much longer than a similar case where an out of court settlement is reached.
If the case’s facts are not agreed upon, one party may disagree entirely about whose fault the damage is. A person who believes they are not at fault will not have much motivation to settle out of court.
A settlement implies that they were at fault to one degree or another, so they may do everything they can to avoid such admission. The only way to avoid any admission of fault is to take the case to court. If a case goes to court due to a dispute of its facts, it could take years to settle.
The Experience Level of the Lawyers
The amount of experience each of the lawyers has can affect how long a case will take. It will also affect how much the case settles for. When a lawyer with extensive experience negotiates with one that lacks experience, the experienced lawyer has the advantage.
They have more experience to draw on and a greater ability to get a bigger settlement. They can also reach a settlement quicker thanks to their prior experience.
For example, a lawyer with a lot of courtroom experience can force a settlement quickly. Particularly when negotiating with a lawyer who has no courtroom experience.
Since one of the lawyers does not have much experience, they want to avoid going to court if possible. This can be used as leverage by the experienced lawyer. The threat of going to trial can be a valuable bargaining chip for one party and a liability for the other.
Contact Us Today
Because it’s impossible to know how long a case will take to settle, you should file your personal injury claim as soon as possible. Contact us to file your injury claim today!
The experienced trial lawyers at Ginsberg & Caspi, PLLC, will do everything we can to help you get the maximum possible settlement in the shortest amount of time. For more information on what Ginsberg & Caspi, PLLC, can do for you, be sure to check out our success stories page on our website!