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Law Offices of John Morelli
A Personal Injury Firm Serving All Of South Jersey

How Long Will It Take To Settle My Injury Claim?

The length of time it takes for an injured person to settle their claim can vary greatly depending on the circumstances. Every case is different, and there are countless factors which could affect the length of each lawsuit, such as; the number of parties' involved, the nature of the injury, or the insurance coverage available. What is important to know when you have been injured and file a tort claim is that you will be seeking reimbursement for the medical care you received. So, in order to properly evaluate the overall value of the care given, it is important to wait until the point of maximum medical improvement or a determination that your condition is permanent.

The Point of Maximum Medical Improvement

What the point of maximum medical improvement means is that you have reached the limit of what your doctors are able to do for you in order to treat your injury. When that time is varies depending on what type of injuries you had. It could be a few months after the injury when a broken bone has healed or several years later following surgeries and medical procedures. The goal is that when you reach your settlement, you are no longer receiving treatment for the injuries you have sustained or there is an indication from a doctor that they feel the injury is permanent.

Being Patient Until the Time is Right

It's important that the attorney handling your case be patient and not settle before it is the right time. After an injury, a person has a two year statute of limitations within which they are allowed to submit their claim. Once the case has been filed, in New Jersey there is a 300 day period of discovery which may be extended under certain circumstances.

Generally speaking, though, most cases last at least over one year but are usually completed well within these limits. On average, personal injury cases involving automobile accidents were settled in 20 months (a little over a year and a half). Cases involving slip and fall injuries lasted slightly longer, averaging 24 months, (2 years), whereas medical malpractice cases averaged 31 months (2 and a half years).

Different Cases Require Different Lengths of Time

There are reasons for the variation in time these cases take. There is no table or rate that is fixed for every injury. Each case must be evaluated separately. In Slip and Fall cases, the discovery process can take longer as it sometimes requires a bit more work to show how the injuries occurred. And medical malpractice cases can end up being very complicated, involving expert opinions by different doctors and long depositions.

Reaching a Settlement is Worth the Wait

What's important to remember before you file a claim is to be patient. It can take some time to receive compensation, but having the endurance to wait until the right time will almost always be worth it.

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