The length of litigation for Charleston car accident cases requires victims to commit a serious amount of time to not only the case, but their recovery prior to the case as well. To make sure you have someone in your corner while you both recover and progress in your fight, choose to work with an attorney. Attorneys could represent your interests while holding negligent parties accountable.
Length of Litigation for Charleston Car Accident Cases
There is no one answer as to how long litigation generally lasts in Charleston car accident cases. In car accident cases in Charleston and South Carolina, there is a broad spectrum for how long litigation could last. Some cases are minor in nature and might get wrapped up within six or eight months to a year. Some are very complex and the plaintiff treats for years and has multiple injuries.
When one litigates the case and tries the case, the case goes on appeal to the appellate courts, first to the Court of Appeals in South Carolina and perhaps to the Supreme Court in South Carolina. In a workers’ compensation setting, it could go from a single commissioner to a panel of commissioners to the appellate courts. These cases could take years in some instances. Those are not the norm, but the outliers.
Most cases do not take three or five years, but some do. Most have a lot to do when an injured party reaches maximum medical improvement. If they are released by their doctors in one month, it is a much faster case than if the doctors release them after three years. The main thing that drives the time on these is the plaintiff’s recovery from the accident and their injuries.
One would not want to rush to figure out the value of a case when the extent of injuries is unknown when what it is going to take to pay for medical is unknown, when impairments are unknown, and when work permits or work restrictions are unknown. All those aspects need to be determined, in most cases, by the experts, which include the doctors, vocational experts, medical cost projection experts, and others to understand what the value of the case is.
The Healing Period and Recovering Compensation
A large factor is the healing period. After an accident, a victim may typically need surgery. When they get out of all those surgeries, they wait an appropriate amount of time for them to improve, recover the best they are able, and reach “maximum medical improvement”. That term, “maximum medical improvement”, does not mean that somebody is better or healed. It just means that they have reached a plateau in which they may get better or they may get worse, but they are probably about where they are going to be going forward. When they reach that point, lawyers could look at the complete picture and determine what damages were there, gather the evidence to calculate and quantify that, and try to resolve the case with the defendant. If they are not able to, they have to file the lawsuit.
For those reasons and with no two people being the same or no two cases being the same, it is hard to say how long it would take anyone case. Cases have gone as short as three or six months to as long as over five years. It depends on the facts of the case.
Extending or Quickening Factors
There are factors that could influence the length or brevity of a case. If somebody is injured with a minor that healed itself within a month, the case is going to proceed much faster than one in which somebody requires multiple back surgeries over a several-year period. The primary influencing factor is medical treatment. Some people treat for their whole life, but by ending it is when the patient, that injured party from a car accident, reaches maximum medical improvement for final opinions on what the permanency is of their injuries, the permanent work restrictions, and the future medical care that is going to be needed, if any.
Talk with an Attorney Who Could Help
When making the difficult decision to pursue a claim against the person responsible for you injuries, the resulting commitment could take its toll. The length of litigation for Charleston car accident cases often requires victims like yourself to dedicated themselves to a degree that could be exhausting. To better your odds of a favorable outcome, choose to work with an attorney who could represent you in court.