The legal process is notoriously long and complicated for personal injury cases. That’s because there are almost infinite variables at play in every case; variables come together to make each case unique. Unfortunately, these unique variables are also why there is no set answer to the question of how long a construction injury accident case might take to resolve.
If you’re suffering from construction accident injuries, you want your case settled as quickly as possible. However, your lawyer should inform you that a fast settlement isn’t the same as a good settlement. And a good, adequate settlement should always be the goal in a construction accident case. You want your case done right, not quickly.
What Is the Biggest Variable in Construction Accident Cases?
The most obvious variable in a construction accident case is the severity of your injuries. If you’re hurt badly, it could be several months or even many years before the full extent of your medical bills is known.
Without this information, it’s almost impossible for your attorney to tabulate how much money to demand in damages. Unfortunately, it’s also possible that your injuries are so severe that you may never return to your pre-accident self, and you will require long-term medical care.
In that case, your attorney must add your past and future medical bills into the value equation for your case. This will require close coordination between you, your attorney, and your medical services provider. The three of you will create a running tab of your medical bills dating back to your original injury.
Are There Other Factors That Can Delay My Case?
Definitely. A construction project can have one or several different ownership arrangements. Each one of these owners may have liability in your accident case. Unfortunately, it can be difficult to unravel the chain of ownership behind a construction project. LLCs and other limited liability business arrangements are common in construction projects.
The good news for you as a client is that these corporate entities are usually well-insured. The bad news is that it can still take your attorney quite some time to untangle the entire paper chain behind the various groups who own the construction project. After that, it’s almost a guarantee that whoever owns the construction site where you suffered injury will try to avoid liability.
One of the ways they do that is by delaying legal action for as long as possible. Insurance companies and lawyers representing property owners are famous for filing endless motions. The goal of all these motions bogging your case down in the discovery process for so long is for you to give up.
What Else Can Delay the Settling of My Case?
Another factor that can delay the resolution of your case is figuring out exactly who is at fault for your injury. In addition to multiple ownership groups, many construction projects can have multiple contractors and subcontractors working simultaneously. Determining which one of those contractors or subcontractors is chiefly liable for your injuries can take a great deal of investigative work by your attorney.
The sad truth is that no matter how many contractors or subcontractors negligently contributed to your injuries, their insurance companies and attorneys will be looking to obfuscate their role in the incident. That means there could be a lengthy discovery process involving document review and in-person depositions of witnesses to your accident.
Again, the parties who will ultimately be held liable for your injuries have every incentive to delay, deny liability, and otherwise obfuscate the legal process. They may allege that you, the accident victim, bear some liability for your accident. They could then file a counterclaim against you. Regardless of whether the counterclaim has merit, your attorney must review the claim and refute it, all of which takes time.
Hiring a Lawyer Can Benefit Your Case in Many Ways
Not every construction injury accident case will take forever. Even the longest-running cases eventually come to an end. Although there is no set rule of thumb regarding injury accident cases, you can generally expect your case to be resolved in a period ranging between a few months and a few years.
That doesn’t mean you’re powerless. One of the best things you can do to potentially limit the time it takes to settle your case is to hire the right attorney. Find an attorney with experience with construction accident cases and a track record of handling them successfully. They will handle every aspect of your case while you focus on your recovery.
Contact the Law Office of Cohen & Jaffe, LLP Today for Legal Help
If you’re in Metropolitan New York or Long Island, the Law Office of Cohen & Jaffe, LLP provides dedicated attorneys. They can consult with you for free, and they take cases on a contingency basis. Call (410) 877-6021 today for your free consultation.
For a free legal consultation, call 516-358-6900The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information and may not be applicable in your jurisdiction.