Dealing with a personal injury case can be frustrating, overwhelming, and confusing, especially if you are attempting to handle said injury case on your own. Having a Yolo County personal injury attorney lawyer on your side who is experienced in cases similar to yours can only help you in the long run. It may be useful to consult with one. You may also be wondering: How long does it take to settle a personal injury case in California? The answer is dependent on a number of significant factors.
How Long Does It Take to Settle a Personal Injury Case in California?
In California, settling a personal injury case varies in how long it may take. While some cases may be wrapped up in a matter of months, other cases may take years to fully finalize. It depends entirely on the details of your case. Every personal injury case is different, and the circumstances that make up that case are unique. Due to the inherent differences in every case, it can be extremely difficult to determine how long a case will settle.
A Yolo County personal injury lawyer can help you figure out how long your case might take to settle, but their estimate may turn out to be different than the actual amount of time once you start actively pursuing legal action.
The Factors of a Personal Injury Case
The rate at which a personal injury case is settled is entirely dependent on the factors surrounding the case. While the statute of limitations for a personal injury case in California is two years from the date of the injury, if you file before the deadline, your case likely won’t take that long to finalize. Here are some of the important factors of a personal injury case that may speed it up or slow it down, depending on your situation:
- Severity of Your Injuries: Depending on how severe your injuries are, your personal injury case may take less time to settle. If your injuries are fairly minimal and not life-threatening or cause chronic pain, it could help your case be settled rather quickly. On the other hand, if your injuries are severe, your case could take longer to settle.
- Negotiation Skills: Sometimes, settling a personal injury case can depend entirely on the strength of your lawyer’s negotiation skills. Going into a personal injury case, you should retain an experienced lawyer who has considerable skills in negotiating settlements and who has significant experience with litigation, as there’s no telling where your case could end up.
- Evidence: The more evidence you have that proves someone else’s negligent behavior was the cause of your injury, the easier your case may be to finalize. Solid proof such as video evidence, audio recordings, witness statements, and confessions can all help expedite your case and get it settled sooner rather than later. If your evidence is weak or circumstantial, it could drag your case out.
- Insurance Companies: The other party’s insurance company’s primary goal is to pay you as little as possible. In order to accomplish this, they will do whatever they can to dispute your claim, deny responsibility, or claim your injuries are part of a pre-existing condition. Overwhelming evidence may push the insurance company not to contest fault.
FAQs
Q: How Are Personal Injury Settlements Paid Out in California?
A: Personal injury settlements are paid out in California in a number of different ways. It is largely up to the plaintiff how they want to receive their settlement. The two most typical ways are a lump sum, in which the total amount is paid in full through a single payment, or a structured settlement, in which the total amount is paid over several monthly or annual installments. Your lawyer will typically handle the distribution of funds.
Q: How Long Does It Take to Receive the Money After a Settlement in California?
A: In California, the time it may take to receive the money after reaching a settlement agreement depends entirely on the details of your case and the kind of personal injury settlement you are dealing with. A workers’ comp payout may take significantly less time than a standard personal injury payout. It could take a number of weeks, depending on how complex the case is, whether or not it went to trial, and how willing the insurance company is to accept the result.
Q: How Long Do Most Personal Injury Claims Take in California?
A: There is no telling how long a personal injury claim may take in California. Every personal injury case is different. The details surrounding the case, its complexity, and who is involved will all help determine the total length of time a case may take to get resolved. Certain factors have to be taken into consideration, such as the severity of your injuries, the evidence that proves negligence, and both parties’ willingness to compromise.
Q: Do I Have to Pay Taxes on a Personal Injury Settlement in California?
A: Typically, you do not have to pay taxes on a personal injury settlement in California. The IRS tends to exclude compensation for injuries from federal income taxes, and California handles it the same way. However, there are some exceptions to the rule. If you want to be certain that your personal injury settlement is tax-free, you should bring that up with your lawyer or seek the advice of an accountant.
Reach Out to a Personal Injury Lawyer Today
It can be difficult to handle a personal injury situation on your own. You may not know how long this whole process could take or where to begin filing the paperwork. An experienced personal injury lawyer can help you figure out your first steps and provide you with consistent legal help throughout the entire process.
The legal team at Ewing Law Group, PC, understands the kind of help you need when dealing with a personal injury case. We can help you develop your case, gather the necessary evidence, represent your interests, and ensure that you aren’t taken advantage of by any insurance companies who may try to manipulate you. Contact us to schedule a consultation.
