It sounds trite, but it’s true: No two cases are the same. Because of that, each case takes a different time, and the factors that determine how long a case can take are so varied it’s impossible to give an estimate or estimate. However, by understanding the process, the timeline is easier to follow.
Rules vary by state, but most jurisdictions divide claims between uncontested and contested ones. If there is no dispute about liability (legal responsibility for the collision) and damages (usually medical bills), most insurance companies must tender a reasonable offer within a reasonable period when sent an offer. Therefore, uncontested cases may not take too long to finish, though there are some exceptions.
Most cases are disputed, so those take longer. There are a number of legal issues, such as comparative negligence, that often cause lengthy liability disputes. Moreover, many insurance companies try to dispute the amount of applicable medical bills.
The Negligence Case Process
Every contested case is different and could settle at any time, all the way up to just before the jury renders their verdict. However, most negligence cases follow the same basic outline:
- Demand: Once most of the facts are in and the victim is under a doctor’s care, an attorney may send a settlement offer to the negligent driver’s insurance company before he files suit. This can be done before or after a case has been filed with the court.
- Pleadings: If the claim does not settle early, the attorney files a formal lawsuit for the plaintiff with a Complaint, the defendants respond with a formal Answer, and the meat of the lawsuit begins—discovery.
- Discovery: In this stage, both parties collect the facts and learn about the evidence the other side has, as well as the legal arguments both sides intend to make. Discovery often includes obtaining statements as well, such as testimony from medical experts and reports from accident reconstruction engineers. Some hotly disputed cases require more expert testimony than others, so discovery can take longer than it would in other cases.
- Mediation: Once more facts are known, and each side has an idea of the arguments it will make, settlement sometimes becomes more of a possibility. Sometimes, the judge appoints a mediator to spur the process along a little further. The parties also can arrange mediation between themselves at a mutually-approved mediator’s office for settlement negotiations.
- Summary Judgement: At the close of discover, sometimes one side will ask the judge to throw the case out of court because, they claim, there is absolutely no way the other side can win and that a trial would therefore be a waste of time. The judge then considers the facts as they exist and are known by both sides and decides whether there is a possibility the side arguing for summary judgment can lose.
- Trial: The trial itself can either be before a jury or only the judge (a bench trial). The parties often stipulate as to certain facts to make the trial move a little faster.
The vast majority of negligence cases settle before trial. But that settlement could come early or all the way up to when the jury is walking in to give their final verdict. So it’s important to have an aggressive attorney in these cases who will fight for their client’s proper compensation.