top of page

Patience is Key: Understanding the Length of a Personal Injury Claim

If you're pursuing a personal injury claim in Delaware, you're likely wondering how long the process will take. Unfortunately, there's no single answer to this question. The timeline for resolving a personal injury claim in Delaware can vary widely depending on several factors.

First, the severity of your injuries and the complexity of your case can affect how long it takes to settle. If your injuries are relatively minor and liability is straightforward, your case may be resolved relatively quickly. On the other hand, if your injuries are severe, requiring ongoing medical treatment, and liability is contested, the process could take much longer. With that said, it is typically not advisable to settle before a year has passed since your injury. The reason for this is that once you settle, you will need to sign a release with the insurance company. Once you do, you will not be able to re-open your claim, even if you learn that your injuries are worse than you originally believed they were. In the event that you suffer any kind of permanent injury, your doctors will not be able to give an opinion that you have suffered one unless a year has passed since the injury occurred and you still have residual symptoms.

The negotiation process can also play a significant role in how long it takes to settle. Depending on how willing the other party is to negotiate, the process can take anywhere from a few months to several years of ongoing litigation. If negotiations are ultimately unsuccessful, your case may wind up going to trial, which will add additional time.

Another factor to consider is the court's schedule. Some courts are more backed up than others, and scheduling can be challenging. If multiple cases are scheduled for trial on the same day, a trial date could be “bumped” you may need to wait for the assigned judge to be available before the trial can begin. This can add additional time to the process.

Overall, it's challenging to predict how long it will take to resolve your personal injury case in Delaware.

If you're pursuing a personal injury claim in Delaware, it's essential to consult with an experienced attorney as soon as possible. Your attorney can advise you on your legal options, help gather evidence to support your case and negotiate with insurance companies on your behalf. Having a skilled attorney on your side can help ensure that your case is resolved as quickly as possible.

If you have any questions or have been injured in an accident, reach out to an attorney at Kimmel Carter at 302-565-6100 for a free legal consultation.



bottom of page