- James Miller
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If you’re currently involved in one or more lawsuit settlements, you know that the process can be costly, time-consuming, and stressful. Fortunately, there is a light at the end of the tunnel. Whether you’ve just served a lawsuit or you’re already trying to negotiate a settlement, you probably have a few important questions in mind: How long does a lawsuit take? How long do settlements take? How long does it take to negotiate a settlement? Finally, what is the average settlement check timeline and how long after a settlement do you get paid?
The reality is that some settlement negotiations and lawsuits take longer than others. Some situations are cut and dry, while others can get dragged out for months or even years. However, there is a general timeline that you can count on for specific kinds of settlements.
Settlements From A Car Accident
If you’ve recently gotten in a car accident that caused personal injury, death, or property damage, you may want to make a legal claim for damages. Most car accident lawsuits are resolved through settlements, in which you agree to drop the lawsuit, often in exchange for monetary compensation. However, even if a settlement is offered, you may wish to pursue a settlement counteroffer that better meets your needs.
Typically, lawyers represent both parties and attempt to facilitate a settlement negotiation. By settling an auto accident lawsuit, all parties can avoid taking the case to trial. Going to trial can be extremely costly and greatly extend the time needed to reach a settlement.
It’s also important to note the role that car insurance providers play in a car accident settlement. Oftentimes, a lawsuit comes about because one or both drivers have sufficient insurance to cover the cost of medical expenses or damages. When insurance providers won’t cover the costs after a car accident, it most often escalates to a lawsuit.
For example, let’s say that you got in a rear-end collision. You have Allstate Insurance, while the other driver has Geico insurance. You were rear-ended, resulting in whiplash and a herniated C5 and C6 disc. Neither insurance company will agree to pay for the medical expenses, giving you little choice but to file a lawsuit against the other driver. In this situation, both drivers will likely need to hire legal advisors to evaluate the case and bring the lawsuit to an agreed-upon settlement. Once the lawsuit has been filed and legal help has been acquired, the average auto accident settlement timeline will typically take between 6-8 months.
When there is a child in a car accident, settlements can become even more complicated. Not only are children more prone to injuries in car accidents, but they can also cause settlement negotiations to become more complex. Oftentimes, parents of children involved in car accidents will seek restitution more aggressively and refuse to back down on their demands. This can drag out the settlement even further.
Personal Injury Lawsuit Settlements
A personal injury settlement can occur in just about any setting. In order for a personal injury lawsuit to settle, both parties must come to an agreement about how the injuries were caused, the cost of the injuries, and who is at fault. The timeline for a personal injury lawsuit can vary greatly, though most personal injury settlements are reached between 12-18 months.
Why do personal injury lawsuits take so long? The truth is that, outside of car accidents or incidents in which there is video evidence, it can be very complicated to prove fault. For example, let’s say that a painter is completing a job for a client. At the time of the incident, the injured party was up on a ladder painting their client’s house. While painting, the rain gutter gave way, causing the ladder to slip and the painter to fall, breaking their leg. The painter claims that the client did not provide a safe work environment, while the client claims that it was a random accident. The painter files a lawsuit and both parties must try to argue their case.
Like most lawsuits, personal injury cases can be settled inside or outside of a courtroom. However, taking a personal injury lawsuit to trial can extend the process greatly. Both parties will need to provide hard evidence to support their case, which is not always easy to find. As a result, cases that go to court often extend for many additional months or until one party agrees to either drop the suit or reach a settlement.
Dog Bite Lawsuit Settlements
Suing someone for a dog bite is actually much more common than most people realize. In fact, dog bites make up about 25% of all homeowner’s insurance claims. As a result, many homeowner’s insurance providers are dropping dog bites from their coverage plans. In any case, if a dog bites you on or off your property, you may want to file a dog attack lawsuit.
The vast majority of dog bite litigation is settled outside of court. However, for those that do go to court, the end result can vary greatly based on location. Some states have specific laws in place to protect victims as well as pet owners. In the event that the victim is partially at fault, courts in some states may decide to rule in favor of the pet owner.
That said, dog bite lawsuits don’t tend to last as long as many other lawsuits involving injuries. Once both parties have provided their testimony of events and the medical reports have been submitted, it’s up to the lawyers and involved parties to come to an agreement about who, if anyone, is at fault. In the event of a severe injury in which a dog has repeatedly attacked victims, the end result could be euthanasia for the animal. Regardless of the outcome, dog bite lawsuits are usually resolved in 8-12 months, though the timeline is greatly extended if the case is taken to court.
Medical Malpractice Settlements
Medical malpractice lawsuits are often some of the most complicated cases to settle. Many of the most common hospital lawsuit settlements involve dental malpractice, sepsis acquired at a clinic, psychiatric malpractice, or botched plastic surgery. Additionally, conditions like stroke, gallbladder surgery, or hysterectomy have high occurrences of medical malpractice lawsuits.
In any case, you should not expect medical malpractice lawsuits to be settled quickly. Doctors and medical facilities almost certainly have professional liability insurance and a team of lawyers at the ready to fight the case. Whether or not the case goes to trial, you can expect hospital lawsuit settlements to take 2-3 years.
Nursing Home Lawsuit Settlements
Much like standard medical malpractice lawsuits, nursing home negligence or nursing home wrongful death settlements can take a long time to come to a close. Older adults who live in a nursing home or assisted living often experience physical and mental declines during their stay. Without the careful attention of doctors, nurses, and loved ones, this can result in elder abuse, negligence, and even wrongful deaths.
Fortunately, most nursing homes and assisted living facilities have security cameras in common areas, which can help reduce the need for lengthy lawsuits. However, for privacy reasons, cameras are not installed in individual rooms. This means that nurses, doctors, or orderlies can treat patients too roughly or engage in behavior that causes bed sores, bruising, other injuries, or even death. Proving that this took place will require sufficient testimony and a full medical report from the patient.
Like most medical lawsuits, nursing home lawsuits rarely go to court. They are settled out of court to reduce legal costs and negative PR for the medical facility. However, that does not mean that they require a quick process. On average, nursing home related lawsuits take between one to two years to settle.
Even if you are able to settle a lawsuit quickly, you may not like the settlement check timeline. Generally, the stipulations of a settlement will give the guilty party a set amount of time to pay, which could be anywhere from a few weeks to a few years. This is where Delta Lawsuit Loans comes in.
How long do settlements take? The answer depends on a lot of different factors, including the type of lawsuit. Fortunately, at Delta Lawsuit Loans, we can provide you with a lawsuit loan while you wait for your attorney to secure the settlement you deserve. We offer personal injury lawsuit loans, nursing home negligence lawsuit loans, and various other loans to help keep you on your feet during difficult times. Feel free to contact our office to learn more.
Over his career, James has successfully built and managed several of his own businesses, sold his company, managed hundreds of employees, operated across the United States and Europe, and completed financings for his own companies in excess of $400 million dollars.
James investment and operating experience includes co-founding one of the largest pre settlement companies, a special purpose fund that advanced money to litigants against pending legal claims. He had over $300 million across thousands of case investments, collections, and receivables, a staff of almost 50 employees, operating in 40 states. James built, assembled, and motivated a team of who became the leaders in their field of pre settlement funding. The company offered multiple solutions include attorney funding, plaintiff advances, pre settlement and post-settlement funding, and surgical and medical financing, which enable his clients to receive funds for their case, while the await their settlement.
After selling his business, James now operates a consulting firm which specializes in the lawsuit loan industry. He advises companies how to structure their financing, run their operations, deal with legal issues and collecting on their lawsuit loans. In addition to his consulting firm, James teaches business ethics classes and a local university.
James enjoys teaching, reading, writing and spending time with his wife and two boys.