Personal Injury Cases: Duration Factorsby Kristen White Blogger When a person is contemplating filing a personal injury claim one of the first questions they ask is how long will it take. It must be noted that it is hard to calculate exactly how long any personal injury case will take. However, personal injury claims may take anywhere between two weeks to two or more years. This is dependent upon the factors of the case and the complexity of the subject matter. It must be noted that the more difficult it is to understand the issues within the case, the longer it will last in a courtroom. This article will discuss the various factors that affect the duration a personal injury case may take.
One of the key determining factors of the time frame an average claim may take is dependent upon the elements of the case and certain issues such as liability. If the liable party is a company or multiple others this could extend the time of the claim significantly. The more complex the claim is the greater the time it takes to explain in progress the subject matter. In addition, the judge or jury may require additional time to deliberate on the case. Proving negligence or a breach of the duty of care could also extend the case as well as the need for a lawyer to find and question witnesses.
Basically, the factors involved in a personal injury case revolve around the issue of negligence or a breach of the duty of care owed by the defendant. The onus is on the plaintiff attorney to prove negligence or breach of duty of care. By proving this the lawyer holds the defending party responsible for the injuries or other damages to the plaintiff. However, in order to prove negligence or breach the lawyer must have evidence. Depending on the nature of the case the pieces of evidence may be difficult to understand without an expert witness or forensic expert and this could complicate the claim. Which in turn lengthens proceedings.
There are different types of claims an individual may face such as a car accident, premises liability and defective products which cause injury. As a result, depending on the type of claim, the time it takes to resolve the matter may vary greatly. Some elements of these cases require the need to prove negligence, a breach of the duty of care or even breaches in contract that result in injury. “The more parts to the case exist, the longer the lawyer may need to prove the subject matter.”
There are a number of issues that may arise in a personal injury case that could create complications, difficulty in progressing and proving the claim. Such complications may exist in negligence, contract dispute that cause injury, premises liability and product defects. Courtroom proceedings may require the services of no less than one expert in order to explain the matter and dispel confusion. When it comes to complex subject material, cases may require electronic, accounting or forensic expert witnesses. All this affects the duration of the case.
For legal advice on contact the best attorneys in Anchorage Alaska .
Resource Box: For a lawyer specializing in personal injury case law the author recommends the Crowson Law Group.
Created on Dec 4th 2019 03:19. Viewed 59 times.
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