Injury cases experience prolonged settlement timelines, frustrating plaintiffs seeking resolution and compensation. Several factors contribute to these delays, including the complexity of legal procedures, the extent of injuries, and strategic defences employed by insurance companies.
According to a study from the Canadian Institute for Health Information (CIHI), severe injury claims, those requiring long-term rehabilitation, can, on average, extend the settlement process by 18 to 24 months. The Alberta Traffic Collision Statistics report also highlights a 7% uptick in traffic-related injuries over the past year, further straining the legal system.
In personal injury law, personal injury lawyers Calgary note that cases of multi-vehicle accidents or product liability claims require extensive investigation and evidence gathering, which adds to settlement delays.
Case Stats You Should Know
According to Statistics Canada, 23% of all injuries occur between late March and June—a period of heightened outdoor activities, including driving, motorcycling, cycling, and pedestrian activities, which leads to more accidents and injuries.
Traffic Collisions
The Government of Alberta has over 30% of 2018’s traffic collisions resulting in deaths, injuries, or property damages of $2,000 or more during the spring. June experiences one of the highest rates of fatal collisions resulting in severe injuries such as:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Multiple fractures.
Motorcycle Accidents
According to the Alberta Motorcycle Safety Society, fatal motor vehicle accident collisions increased by 90% in 2020 compared to the previous year. Notably, 70% of these fatal collisions were single-vehicle crashes.
Cycling Accidents
Cycling, whether for transportation or leisure, increases significantly in spring, bringing both health benefits and risks. The Canadian Vital Statistics: Death Database reports an average of 74 cyclist deaths per year between 2006 and 2017, with 73% resulting from collisions with motor vehicles.
What are the Factors that Influence Case Settlement Times?
Inherent Complicatedness of the Case
Cases like these are often a primary determinant of settlement times, stemming from the nature of the injuries, the circumstances of the accident, and the legal challenges involved.
For example:
A case involving a traumatic brain injury from a motor-vehicle collision requires extensive medical evaluations, long-term prognosis assessments, and testimonies to establish the full magnitude of the damages and its impact on the victim’s life. These add layers of intricacy, which prolongs the litigation and settlement process.
Trials and Legal Proceedings
The prospect of a trial extends the timeline of an accident claim. Trials involve different stages, which contribute to delays. Stage include:
- Pre-trial motions
- Discovery phases
- Court scheduling
Multiple Parties Involved
Cases involving multiple parties add another layer of problem. The usual parties involved in an case includes:
- Defendant
- Insurance companies (including the other party’s insurance company)
- Legal team
- Medical and other professionals
The collaborative approach between these parties leads to extended settlement times.
Victim Undergoing Treatment
Ongoing medical treatment for the victim can delay the process as it is needed to wait until the victim reaches Maximum Medical Improvement (MMI) to assess the extent of the injuries and future medical needs.
Determining Liability
Establishing liability can be a time-consuming process when the fault is disputed or shared.
For instance:
In a pedestrian accident where the driver and the pedestrian both claim the other was at fault, detailed investigations, including traffic camera footage, witness statements, and accident reconstruction, are required to determine liability—a needed but time-intensive process
At-Fault Party Delaying the Process
The at-fault party or their insurance company may use stalling tactics to prolong the settlement process, often in an attempt to pressure the victim into accepting a lowball compensation offer.
How Long Does a Personal Injury Case Take?
In Calgary, personal injury claims adhere to a two-year statute of limitations—a lawsuit must be filed by Calgary personal injury lawyers within two years of the date of the serious personal injury or the date it was discovered to a law firm.
Initial Consultation and Case Evaluation (1-2 months)
During this stage, the injured party consults with a personal injury lawyer to evaluate the case. This involves:
- Gathering preliminary evidence
- Healthcare records
- Accident reports for the viability of a personal injury claim
Investigation and Filing the Claim (3-6 months)
An investigation is conducted to collect all evidence, including witness statements, opinions, and accident reconstructions, and is then filed with the appropriate court.
Discovery Phase (6-12 months)
Both parties exchange information and evidence through discovery, which includes:
- Depositions
- Interrogatories
- Document requests
This phase can be lengthy if either party is uncooperative or additional information is needed.
Example
In a car accident case, the plaintiff’s lawyer may send interrogatories to the defendant, asking for detailed descriptions of the accident and any witnesses present. Depositions may be taken from both drivers involved and any eyewitnesses.
The plaintiff’s lawyer might also request the defendant’s driving records and vehicle maintenance logs to establish a pattern of negligence.
Mediation
This is an alternative dispute resolution where a neutral third-party mediator assists both sides in negotiating a fair settlement. Mediation is voluntary and aims to mediate the conflict without going to trial, saving time and resources. This includes:
- Selection of Mediator
- Opening Statements
- Private Caucuses
- Negotiation
- Settlement Agreement
Example
In a slip-and-fall case, the plaintiff and the property owner may opt for mediation to avoid the costs and time associated with a trial. During mediation, the plaintiff presents evidence of the hazardous condition that caused the fall, while the property owner argues that the plaintiff was partly responsible.
Through private caucuses, the mediator helps both sides understand their positions’ strengths and weaknesses, leading to a negotiated compensation that pays the plaintiff for healthcare and lost wages.
Negotiation for Maximum Compensation (6-18 months)
Many cases are settled out of court. Negotiations with the at-fault party’s insurance company or legal representatives vary in duration, depending on both parties’ willingness to reach an agreement.
Trial Preparation and Court Proceedings (12-24 months or longer)
If a settlement cannot be reached, the case proceeds to trial or personal injury litigation. This involves:
- Jury Selection
- Opening Statements
- Presentation of Evidence
- Cross-Examination
- Closing Arguments
- Jury Deliberation and Verdict
- Post-Trial Motions and Appeals
Court scheduling and procedural delays extend this phase considerably.
Example Case
In a medical malpractice case, the plaintiff sues a hospital for medical negligence leading to severe complications. During the trial, the plaintiff’s experienced personal injury lawyer presents testimony from medical professionals, detailed records, and personal testimonies to prove negligence under medical malpractice law.
The hospital’s defence team cross-examines the plaintiff’s experts, challenging their qualifications and conclusions, and presents their own expert witnesses to dispute the claims.
After both sides present their evidence and arguments, the jury deliberates and decides in favour of the plaintiff, awarding damages for healthcare, injuries sustained, and lost wages.
Types of Claims and Their Timelines
Wrongful Death Claims
Similar to harm claims, wrongful death lawsuits in Calgary must be filed within 2 years from the date of death. Given the emotional and legal challenges involved, these cases often take longer to settle as they require thorough investigation and valuation of the deceased’s projected income and non-economic damages like loss of companionship.
ICBC Claims – Insurance Corporation of British Columbia
There is a 2-year limitation period that applies, with exceptions for hit-and-run accidents or injuries to minors. These exceptions extend the timeline as additional steps are required to identify the responsible parties or involve guardianship issues for minors.
Claims Against Government or Municipalities
These have stricter timelines. Notice of the claim must be given within 2 months, and a lawsuit must be filed within 6 months. These cases often involve bureaucratic hurdles, such as compliance with procedural requirements, which extend the time needed to resolve the case.
Get Justice in a Timely Manner with Reliable Calgary Attorneys
Each element—from thorough investigations and testimonies to negotiations and court proceedings—requires extensive legal practice. But lawyers can work tirelessly to ensure you’re fairly compensated.
A personal lawyer with a proven track record of successful cases can help you throughout every phase of your case and the legal process. Get in touch with a personal injury lawyer early to help you gather evidence, engage in negotiations, and advocate in court to ascertain that you’ll get the justice your deserve without delays.
For your best interests, contact Sidhu Personal Injury Lawyers Calgary to get free consultation and let our attorneys extend a helping hand to assess your case with a sound legal advice and strategy.
Frequently Asked Questions
Why do cases involving minors or incapacitated plaintiffs take longer to settle?
Cases like these require appointing a guardian ad litem to represent the plaintiff’s interests. This legal representative must review the case, approve settlements, and ensure that the plaintiff’s rights are protected, which adds sophistication and time to the settlement process.
How does the need for independent medical examinations (IMEs) influence the case duration?
Insurance companies or defence attorneys request independent medical examinations (IMEs) to obtain an unbiased assessment of the plaintiff’s injuries. Scheduling IMEs, conducting the examinations, and reviewing the resulting reports introduce delays, especially if there are disputes regarding the findings or if multiple IMEs are required.
Why does the presence of multiple claimants in a single case extend the settlement process?
When this happens, such as in mass torts or class action lawsuits, coordinating between all parties and their legal representatives can be difficult and time-consuming. Each claimant may have different injuries, damages, and legal strategies, requiring separate evaluations and negotiations, which can extend the settlement timeline.
