When faced with a personal injury accident, auto accident, or medical malpractice suit, there are many factors that are out of your control. From receiving necessary information on current status to understanding the lawsuit settlement process, many people turn to lawyer for answers.
When it comes to the lawsuit settlement process, the timeline and steps can vary from case to case. In this blog, we will discuss the typical settlement timeline and what you can expect when faced with a lawsuit.
How Long Does a Lawsuit Settlement Process Take?
In short, the settlement process can vary.
In an auto-crash case with clear liability, the case might settle within a few months. However, in a situation where the claim exceeds insurance limits, we can often secure an offer from the insurance carrier within several weeks or a few months.
If fault and injuries are disputed, a lawsuit typically a case of that type takes 1 to 3 years to resolve.
Finally, in class action lawsuits and multidistrict litigation, where hundreds (or even thousands) of people are involved, a case can go on for 5 to 10 years.
What Does the Lawsuit Settlement Process Look Like?
A lawsuit or claim can be settled by various means. Often, an effort is made to resolve or settle a case before filing a lawsuit. In that case, the Foley & Murphy team will gather information on how the incident occurred. For example, we will prove fault and obtain copies of medical bills and pay loss.
With that information, our lawyers will prepare a “settlement letter.”
A settlement letter is a document that contains the following:
- A description of how the incident occurred
- How the other party is at fault
- Provide a listing of the injuries suffered
- Lengthy discussion on the treatment history
- Section containing how the client is presently doing
- Pay loss information
- Medical bills summary
At the end of the letter, the document will contain a settlement offer. This is where a lawyer begins negotiations with the responsible party.
What Happens if the Settlement Offer is Not Accepted?
If the settlement letter and negotiations don’t resolve the matter, then a lawsuit is filed. In the lawsuit, we will complete written discovery. A discovery involves sending written questions and also copies of documents pertaining to the case.
Typically, depositions or statements are taken of persons involved in the incident and witnesses. If necessary, an expert may be retained to reconstruct the incident to show how it occurred and how the other party was at fault. This will lead to a mediation session, which is typically ordered by the court.
A mediation session is held either in person or by Zoom conference. The mediator will exchange information, providing insight and perspective, and exchanging offers and counteroffers. The goal of this process is to reach a settlement.
If mediation is not successful, the parties can continue to negotiate up until the time of trial and entry of a verdict.
Looking for a Lawyer? We’re Here to Help
Reaching the settlement can be an overwhelming process for many, but at Foley & Murphy, we are here to help you every step of the way. If you’ve been injured or are seeking assistance regarding personal injury, contact us today. Let the attorneys and staff of Foley & Murphy use their experience and expertise to help you and your family.
