April 11, 2025 | Personal Injury
When you are personally injured by another individual in Oklahoma, you have the right to seek compensation for your damages from the at-fault party, including (where circumstances warrant) damages for medical bills, lost wages, and pain and suffering.
In that position, however, you may be wondering: How long does a personal injury claim typically take? The answer to that question, though perhaps unsatisfying, is “it depends.” Indeed, every case is different, requiring a different approach and different considerations prior to any trial or settlement; some matters settle instantly, while other cases may take years to resolve in litigation. In any event, the advice and assistance of counsel may be instrumental in recovering at all when it comes to personal injury matters, and the lawyers at McGuire Law Firm are well-versed in the circumstances that may impact the timeline of resolution for personal injury claims.
1. Severity of Your Injuries
One of the main factors impacting the duration of a personal injury case is the scope and severity of the victim’s injuries. Where a case involves only minor injuries treatable in a short amount of time, a resulting personal injury matter may settle quite quickly. On the other hand, where injuries are more serious, it can extend the timeline of any personal injury case.
This is because, where serious injuries are involved,
(a) future treatment may need to be considered or completed before filing any claim; and
(b) The amount in controversy is more controversial—that is, more serious injuries may warrant more serious payouts. This leaves room for more disagreement.
The decisions concerning when to file a lawsuit and, upon filing, what damages to request, are run-of-the-mill matters for a skilled personal injury attorney. This is all the more reason to contact McGuire Law Firm in the event you suffer a personal injury at the hands of another.
2. Disputes Over Liability
Where the parties involved in a dispute disagree about liability—i.e., disagree as to who is at fault for an injury—such disagreement obviously prolongs litigation and prevents settlement. This is unsurprising, as the whole purpose of a lawsuit is to prove your case, not merely accept the position of the other side. In order to prove liability, you will need an experience trial attorney in your corner—an attorney like Kent McGuire at McGuire Law Firm, who has over thirty (30) years of trial practice experience.
3. Complexity of the Case
Some personal injury cases are more complex, such as accident cases involving multiple vehicles, drivers, and passengers, or medical-malpractice cases involving uncommon surgeries, while others are more straightforward (a two-car, two-driver involved motor vehicle accident). Complex personal injury cases may also involve multiple insurance policies, layers of liability, and even hard-to-track-down out-of-state defendants. Such complexities all may contribute to the time it takes to resolve any claim and, in many instances, prevent an early settlement.
4. Resources
Perhaps the most important consideration in determining whether a case may or may not settle is resources. A well-resourced defendant who can afford costly litigation (such as a multi-billion dollar insurance company) is less likely to settle early, as they may benefit from spending some money, playing their cards in litigation, and seeing what happens. The less-well-resourced defendant, however, may not have the ability to engage in prolonged litigation and, thus, may be encouraged to settle sooner rather than later (or risk a negative judgment at trial). In either case, the resources of the parties involved in any case no doubt play a role in the timing of a settlement.
Contact Our Oklahoma City Personal Injury Attorney Today
At McGuire Law Firm, our Oklahoma personal injury lawyers are devoted to protecting the rights of victims and their families. Were you hurt in a serious accident? Do you need a top advocate on your side? Contact McGuire Law Firm right away for a free, no-obligation initial case review. With offices in Edmond and Lawton, we are able to fight for justice for injured victims across Oklahoma—not just in the major metropolitan regions of the state.