Sustainable Personal injury cases may take a considerable amount of time to be resolved. This is due to the plethora of legal steps, negotiations, and reassessments that must be carried out over a period of time. Many factors can impact the length of time a personal injury case takes. In this article, we will discuss the various stages of a Michigan personal injury case and how long each stage takes.
Table of Contents
Filing the Claim:
The first stage of a Michigan personal injury case is filing a claim. This is the process of submitting a claim to the liable party’s insurer or filing a lawsuit against the negligent party or parties. In Michigan, the statute of limitations for filing a personal injury lawsuit is three years from the date of injury. Consequently, it is essential to commence the process immediately following the injury.
It can take anywhere from several weeks to several months to complete the filing of a claim; this timeline will largely depend on the complexity of the claim and whether you have retained the services of an experienced personal injury attorney.
Investigation:
After filing a personal injury claim, your attorney will conduct a thorough investigation into the circumstances surrounding your injury. The investigation will aim to gather evidence supporting your claim and will involve contacting witnesses, obtaining police reports, acquiring medical records, and other pertinent documents.
The investigation phase can take between one and six months on average. However, the investigation’s length can vary depending on the evidence’s availability and the willingness of witnesses to cooperate.
Demand Stage:
Once the investigation is complete, and your attorney has gathered all the supporting evidence needed for your case, the demand stage will commence. At this point, your attorney will submit a demand letter to the opposing party’s insurance company outlining the basis of the claim and initiating negotiations.
The demand stage can take anywhere from one to three months, and its length may depend on how responsive the insurance company is to your attorney’s demands.
Negotiation and Settlement:
If the opposing party accepts your attorney’s demand letter, then negotiations may begin. During this stage, your attorney will negotiate with the insurance company in an attempt to reach a mutually acceptable settlement.
The negotiation process can be protracted and may take between two months and one year to finalize. This is due to the complexity of the settlement negotiations, which often include the exchange of multiple settlement offers, counter-offers and the resolution of outstanding disputes.
Litigation:
If negotiations fail to produce an agreeable settlement, then litigation may become necessary. Before proceeding to court, mediation or arbitration may be pursued in an attempt to resolve the matter amicably without going to trial.
If the case goes to trial, this stage can last anywhere from several months to several years depending on the complexity of the case, the court’s backlog, and the number of parties involved.
Conclusion:
In conclusion, a personal injury case can take anywhere from a few months to several years to complete. The timeline is largely reliant on the complexity of the case, the willingness of involved parties to cooperate, the amount of evidence necessary to build a strong case, and the court’s availability.
For anyone involved in a personal injury claim, it is crucial to understand that the process can be lengthy, and the best way to ensure a positive outcome is to hire an experienced and knowledgeable personal injury attorney. A skilled attorney can assist you in navigating each stage of the process and help to ensure that your case is successfully concluded within a reasonable timeframe.