The duration of a personal injury case in Utah can range from several months to a few years. In most cases, a car accident claim takes 3-4 months. In others, it takes 4 years. The factors that play a role are the severity of the injury, the type of case, and the insurance company’s response. If you are considering pursuing a personal injury claim, reach out to a personal injury attorney in Murray who can tell you where in this range your case would likely fall.
Variables That Can Influence the Local Process of a Personal Injury Case
Most personal injury claims in Utah are resolved within 18 months following the accident. Here are the statistics you may expect.
- Pre-litigation settlements take about 3 to 9 months.
- Cases that require a lawsuit and ultimately settle before going to trial take about 12 to 24 months.
- Cases that go to trial take about 18 to 36 months to settle.
- Complex cases that end up in the appeals process may take more than 3 years.
Additionally, a realistic goal to prepare for is that approximately 95% of personal injury cases settle before trial. This means that most injured Utahns never go to court. A knowledgeable Murray personal injury attorney will strive to settle your case fairly and quickly, while always being prepared to take your case to court if the insurance company is unwilling to be reasonable.
Case Type and Expected Lengths of Claims
Case type is one of the most important factors in how long you can expect your case to take. Here are the general time frames for the most common case types.
Accidents Involving Cars
Car accident cases tend to be the quickest to resolve. Liability that is clear and supported by a police report, witness statements, and consistent medical records typically leads to settlements within 6 to 12 months. An injury lawyer from Murray can push these cases through the pre-litigation negotiations in a timely manner as long as the facts are in your favor. Disputed liability or severe injuries will increase the amount of time it takes to resolve the case from 6 to 12 months to 18 to 24 months.
Slip and Fall Cases / Premises Liability
When insurance companies are pushed on claims, the expectation is that the settlement will be paid in the 12 to 24-month range. Claims that are even more contested take an even longer time to settle. Evidence can be extensive and requires a lot of documentation. This is true in cases involving slip-and-fall or premises liability. It is crucial to quickly hire an attorney in these cases to assist with the often critical documentation of evidence, including surveillance reports, incident reports, and even property maintenance logs.
Truck Accidents
The nature of these accidents leads to a longer settlement process, spanning 18 to 36 months, due to the many potential at-fault entities and extensions of liability. For example, the truck driver, the trucking company, and potentially contractors involved in the truck’s maintenance.
Medical Malpractice
Among all personal injury claims, these can be considered the lengthier. Cases can take 2 to 4 years to reach a settlement, with the longer timeline reserved for cases that go to court.
Wrongful Death
These claims can span the same timeframe of 18 to 36 months for settlement. The duration of these claims depends more on the nature of the liability than on the time it takes to reach a settlement.
Things to Expect When You File a Personal Injury Lawsuit in Utah
Here are some of the most prevalent things that affect how complex and long certain Utah personal injury lawsuits can take:
- The severity of the injury: Soft tissue injuries can take up to 8 to 12 weeks to fully heal, but spinal and traumatic brain injuries can take up to a year, as well as surgeries. Still, reputable attorneys avoid pushing for a settlement until a year has passed.
- Disputes: The Utah Code Ann. 78B-5-818 states that the modified comparative fault rule applies; therefore, the percentages for fault that are being contested will add to the time that it will take for the case to be settled.
- Insurer cooperation: The lack of good faith by insurance adjusters in personal injury cases can lead to unnecessarily prolonged negotiations.
- Court scheduling: Litigation is a last resort for many personal injury cases. However, it is not unusual for a Utah district court to take 18 to 36 months to set a trial from the time the case was filed.
Expert Advice When You Need It Most
Personal injury lawsuits in Utah can get contentious. Luckily, there are a lot of personal injury attorneys in Murray, Utah, that you can hire to navigate the complexities of the state’s laws and the local legal customs of the insurance industry. You can get a professional attorney with the experience necessary to guide you from the beginning of the legal process to the end.