If you suffered an injury in Iowa because of another party’s negligence or wrongful conduct, you may be considering filing a claim. However, it’s likely that the Iowa injury claim timeline is not as clear as you’d like it to be. You may understandably be wondering, “How long does a personal injury lawsuit take exactly?”
Knowing what to expect from the process and how long it can take you to recover your losses can go a long way toward making pursuing compensation a bit easier. Here’s what you need to know, including what role a personal injury attorney plays in your potential timeline.
The Initial Investigation and Reaching Maximum Medical Improvement
So how long does a personal injury case take in Iowa? That depends, and to understand why, it helps to have an idea of what each phase of the process involves.
The first part of the Iowa personal injury lawsuit timeline involves the investigation into the incident that caused your injuries. Your attorney will gather evidence, which could involve speaking with expert witnesses like medical professionals, to determine exactly how the injuries occurred.
In many cases, an Iowa personal injury attorney may not file a claim until you have reached Maximum Medical Improvement (MMI). Reaching MMI doesn’t mean you have completely healed. It means that your condition is not expected to improve further, even with additional treatments.
Attorneys wait for this status to get a complete idea of the medical bills you have. Settling while still getting treatment for injuries can create issues and prolong the case’s duration because it could require updating offers.
How long does a personal injury settlement take if there are severe injuries to account for? Serious injuries can take longer to investigate and could require months before reaching MMI, so you can expect the process to be longer. The initial investigation and MMI timeline can take anywhere from two to 12 months.
Drafting and Sending the Formal Settlement Demand Letter
After the investigation and reaching MMI, your personal injury lawyer in Iowa can begin drafting the settlement demand letter. Your attorney will need to calculate your full economic and non-economic damages to present a fair amount in the demand letter.
They will consider your injuries, medical records, and the future care you may need. If you can’t work because of the injuries, your legal team can also put a number to your lost wages and any future loss of earnings you may experience.
Non-economic damages address distress and pain and suffering. Generally, the more severe the injuries are, the more significant the financial compensation needs to be to address your losses.
After calculating these losses, your personal injury attorney will write the letter and send it to the other party’s insurance company. Drafting the letter can take anywhere from two to four weeks, depending on the complexities of the case.
The Back-and-Forth of Pre-Suit Settlement Negotiations
The answer to the common question, “How long does it take to settle a personal injury claim?” depends greatly on the settlement negotiations. It’s common for insurance companies to reject initial settlement demands. They can attempt a number of tactics to minimize your claim, including disputing fault.
Although Iowa has modified comparative negligence laws that allow you to still recover losses if you were partly to blame, your winnings will be reduced proportionally. Being blamed for part of the incident that caused your injuries is a tactic that insurers use, so your lawyer will need to demonstrate that you were not responsible.
With legal help, negotiations can go a bit more swiftly because your team can keep encouraging insurers to come to the table. Even so, this part of the personal injury claim timeline in Iowa can take months. If reaching a settlement agreement doesn’t look likely and the statute of limitations (typically two years from the date of the injury or its discovery) is approaching, the next step is usually to file a lawsuit.
Filing the Lawsuit and the Initial Court Deadlines
How long does a personal injury lawsuit take in Iowa if settlement talks have failed? As soon as the filing occurs, the discovery phase begins. This means all parties will have to exchange information regarding the claim so that each side can put together a strong case.
The personal injury lawsuit process takes longer than reaching a settlement, which is why the majority of insurers and lawyers will do everything possible to settle the case before trial. Keep in mind that negotiations can continue right up to the trial date.
Why the Discovery Phase Is the Longest Part of Litigation
The discovery phase can last anywhere from six months to more than a year. This is the longest part of the personal injury court process in Iowa because there is a significant amount of evidence to consider, including medical records, and there will be depositions to arrange. Witnesses, such as doctors, engineers, and other professionals, can be called in to testify regarding the incident and resulting losses.
In some cases, the defense may request a defense medical examination, which requires that the plaintiff be examined by a medical professional chosen by the insurance company. There could be discovery objections to navigate, too, which can delay personal injury litigation in Iowa.
Attempting Mediation and Alternative Dispute Resolution
Alternative dispute resolution and mediation may be worth considering before going to trial for an injury lawsuit in Iowa. These options tend to be faster because they don’t depend on court schedules.
Mediation makes it possible to reach a resolution with the help of a neutral third party. It can end with a settlement agreement or with the understanding that the next step is a trial. Mediation can take weeks or months.
Arbitration is a private adjudication where a neutral arbitrator acts like a judge and passes a ruling. Depending on whether both parties agreed to make the ruling binding, the outcome of the arbitration could be seen as formal as a court resolution. Arbitration could take months.
Taking a Personal Injury Case to Trial and Beyond
How long does a personal injury lawsuit take once it reaches the trial phase? At this stage, it could take between 12 and 24 months. The type of case could impact that timeline, however. Medical malpractice cases, for example, tend to take between two and four years to resolve because of their complex medical focus.
The process begins with jury selection, which can take up to a day to complete. Once the trial starts, there are opening statements from both sides, followed by the presentation of the plaintiff’s case. In these trials, the injured party bears the burden of proof, so they will present evidence and witnesses, which the defense can cross-examine.
After the plaintiff presents their case, the defense generally moves to obtain a directed verdict by arguing that the other party did not meet their legal burden. If this motion is denied, then the defense presents its case.
There will be closing arguments from both parties, followed by the judge providing instructions to the jury. After deliberation, the jury returns a verdict.
Either party can take certain post-trial motions. If there were perceived errors, the losing party may file for a new trial or for the judge to reverse the jury’s decision. It’s also possible to appeal to a higher court. This can add one to three years to the average personal injury case timeline.
It can also take time to collect the money. If the verdict exceeds the defendant’s insurance policy coverage and requires the liquidation of assets, that could cause further delays.
Key Variables That Expedite or Delay Your Legal Timeline
Overall, a personal injury claim can take between three months and a few years to resolve. Some variables can help speed the process, however. If there is a clear fault and the injuries are minor, then it is possible to reach a settlement more rapidly. The same is the case if the sought settlement is fully covered by the defendant’s insurance policy.
Additionally, having legal representation can expedite the claim. A lawyer can communicate effectively with insurers while countering any delay tactics.
The complexity of the case and the severity of the injuries involved will play a significant role in how long the process takes. Serious injuries take more time to reach MMI, and the long-term prognosis may not be clear, leading to disputes over settlement amounts.
If there are multiple parties involved, that can mean negotiations with numerous insurance companies, further delaying a resolution. Delays could occur if there are disputes over fault, too.
You can expect high-value claims to take longer. Insurers tend to fight harder to minimize your winnings in these cases.
Taking the case to court can also mean a longer process. Aside from the need for depositions and other lengthy procedures, court backlogs can delay trial dates.
Find Trusted Personal Injury Legal Services in Iowa Today
If you have sustained injuries because of another party’s misconduct, you may be entitled to receive compensation to address your losses. With assistance from an experienced personal injury attorney, you have the best chance to obtain a fair settlement.
At Gallner & Pattermann, P.C., our award-winning team can fight your corner throughout these complex claims while you focus on healing. Let us take the stress of dealing with legalities off your shoulders. Schedule a free consultation to speak with our legal team today.
