How Long Does It Take to Settle a Train Injury Lawsuit?

There are some questions that all clients ask, no matter how many times they’ve come to see us. “How much time do I have to wait before my case is settled?” is at the top of the list, and we certainly understand why. When you’ve been injured, the economic and emotional losses can be overwhelming, for you as well as your loved ones. Monetary compensation is essential to recovering from these damages and moving forward in your life.

The timeline for a train injury lawsuit depends on numerous factors, some of which are within your control, and some which are not. Thus, it’s not possible to give an average time estimate that would apply to every case. However, there are key factors in any personal injury case that can affect the amount of time before a settlement is reached. We will cover these areas today, and hopefully, give you an idea of what is needed to recover your compensation award.

For more information about train accident lawsuits, call the personal injury lawyers of Normandie Law Firm.

Average Length of Time to Settle a Train Accident Case

The truth is, personal injury claims take a long time to resolve, especially for those with multiple or complex injuries. Victims with less complex injuries may be able to settle their case in less than 6 months. But that depends on how fast we hear back from the insurer and how cooperative they are during the negotiation process. We’ve found that the bigger the entity, the more fight they will put up when it comes to monetary compensation. So it’s not unusual for a year or more to go by before a train injury lawsuit is settled.

Much of that time isn’t actually spent on the lawsuit. Prior to suing the train company, your lawyer will attempt to negotiate a compensation amount so that you can avoid going to court. Some cases are settled during this process, but most insurance companies will try to low-ball you as much as possible. You and your lawyer will discuss how long you should attempt to negotiate with them before you proceed to a lawsuit. The timeline for this phase is very important, since you have two years from the date of your injury or the death of your loved one to file a train accident lawsuit. There are many other aspects of the law that you may not be aware of, so make sure to find an attorney right away if you’ve been injured in a train accident.

To learn more about your legal rights, speak with the Los Angeles train injury lawyers of Normandie Law Firm.

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Factors That Affect the Length of a Train Injury Claim

1. The severity of your injuries

The severity of your injuries is one of the most important aspects in determining the amount of compensation. A lawyer will consider other circumstances unique to your situation, but as a general rule, the more serious the injury, the more compensation you can ask for. This is why medical treatment should be your first step when you have been injured in a train accident. Not only is it in the best interest of your health, it also gives your case more credibility. While it may seem obvious to you that you have been harmed, insurance companies will dispute the seriousness of your injuries by saying you waited to see a doctor.

Waiting on treatment can also make it harder to prove that your injuries were caused by the train accident. Proving this is essential in your lawsuit against train companies like Amtrak and LA Metro, since you will need to show that they are responsible for your injuries.

2. The length of time for your medical assessment

The next step in a train injury lawsuit is the medical assessment, which will help your lawyer calculate the right amount of compensation for your losses. This process can take anywhere from a few weeks to several months to complete, though the exact amount of time depends on your injuries.

For example, you may have multiple injuries that take many months to heal. If so, you will not know the full extent of your damages until you are fully healed. Other injuries are incredibly complex, and it will take time to understand the full extent of what they take away from your life. In that case, several medical assessments may be required over a long period of time. Many clients feel frustrated during this process, but you have to get this right. Otherwise, you may ask for too little compensation and not be able to treat future complications.

3. The Investigation Process

Along with documenting your injuries, your lawyer will conduct an investigation to gather evidence of your accident. The investigation process includes visiting the scene of the accident, taking photos, talking to witnesses, hiring experts, obtaining police reports, and more. This evidence will accomplish two things:

• Prove that the train accident is the reason for your injuries.
• Establish the cause of your train injury, i.e., equipment failure, track failure, etc.

The cause of your train injury will help to establish who is responsible for these problems and allow you to sue them for compensation. The length of your investigation depends on the complexity of your case, as well as how quickly people respond to requests for documentation.

These steps can take anywhere from a few months to a year, depending on your injuries and the details of your accident. As we mentioned, a lot of that time is taken up by your recovery since we won’t know what amounts to ask for until then. After we calculate the proper amounts, we will proceed to the negotiation process with the insurance company.

Why Have They Not Offered Any Money on My Case?

Once your attorney understands the full extent of your damages, they will draft a demand letter and send it to the responsible party’s insurance provider. A demand letter will typically include details of the accident, the amount of compensation needed for your recovery, and a request to remit compensation by a certain date. If you already have an attorney, you may be in the middle of this process right now and asking, “Why haven’t they made an offer?”

Unfortunately, this is one of those factors that you can’t control. Insurance companies are hit with a lot of these requests, especially in cases of major train accidents with many victims. Additionally, they’re generally not in a hurry to admit fault and part with large sums of money. Even when they make an offer, it is likely to be much lower than what you asked for. So your lawyer will make another offer, and so on. Letters may go back and forth for several weeks or months, and hopefully, a settlement can be reached. If not, you will need to proceed with a lawsuit for train injury, or wrongful death compensation if you lost a loved one in a train accident.

Filing a Lawsuit

Your attorney will file the appropriate paperwork for a lawsuit and serve it to the defendant (the party at fault) within 30 to 60 days. Normally, they have 30 days to respond, but may be given up to 45 days in some cases. The responses, by the way, have to be in writing and mailed back and forth between the involved parties. To put into perspective, it can take up to 3 months from the date you file your lawsuit before you hear back from the insurer. At this point, you will move on to the “discovery phase,” which is typically the longest part of a train injury lawsuit. The discovery phase often involves:

• Depositions: Lawyers on both sides will depose, or questions the other party’s witnesses.
• Independent Medical Exams: The defense may require you to be examined by their own doctor. Your attorney may be present for the exam, but if they can’t, they should fully prepare you for what will happen.
• Expert Testimony: If more than a year has gone by with no progress towards a settlement, both sides will start to prepare for a trial. Part of this preparation includes hiring expert witnesses, who will support or dispute certain claims that are made by each side. These witnesses can be deposed by lawyers on both sides, which can take up to 6 months.

Just because expert witnesses have been hired does not mean you will go to trial. Both sides want to avoid that, but an experienced personal injury attorney will be prepared for that possibility. Prior to a trial, the courts will require you to participate in mediation or alternative dispute resolution. This is a final attempt to have you negotiate an acceptable award and settle the case out of court. The good news is, over 90 percent of cases are settled during the mediation process. Best of all, this process normally takes one or two days on average, putting you that much closer to receiving your funds.

If you are unable to reach an agreement in mediation, the final step is to go to trial. By then, it will probably be over a year from the date of your accident, maybe even 2 years. As for the trial, it could last anywhere from a few days to a few months. Again, trials are not common in train injury lawsuits as most cases are resolved through mediation.

Why is My Lawyer Taking Such a Long Time?

Clients are generally warned by their attorneys that the road to compensation is long and full of obstacles. Depending on factors like the severity of injury and if you have to go to trial, your case could take well over a year until you are fairly compensated in a train accident lawsuit. However, it is your lawyer’s job to overcome those hurdles and expedite things as much as possible. Unfortunately, some lawyers care about volume over quality, and take on far more clients than they can handle. If so, you may be waiting weeks, or even months to hear back from them. Or, you may feel like they’re pressuring you into a settlement just so they can wrap up your case and move on to the next one.

It’s important to not assume that your lawyer is taking too long or doing a bad job. As we mentioned, communications can be very slow from insurance companies, who are not eager to make payments. The discovery process can be quite lengthy as well depending on the complexity of your injuries. However, a good lawyer should be communicating with you regularly throughout the process, even if it’s just to tell you they haven’t heard back from so-and-so, or what they’re currently working on.

Our attorneys will be happy to assist you in this area. During a free consultation, one of our lawyers will review your case and make sure that your current attorney is taking the right steps.

Can I Switch Lawyers in the Middle of a Case?

If you’re convinced that your lawyer isn’t pulling their weight, you’re probably wondering, “What are my rights? Can I switch to another lawyer?” The short answer is yes, you can switch lawyers in California at any time during your case. But the long answer is more complicated, since there may be consequences to switching law firms in the middle of a case.

Before you make the switch, make sure to review your current contact and see what the stipulations are for terminating the client-attorney relationship. We recommend having a lawyer review your contract to make sure there are no misunderstandings. Our attorneys will be happy to review your contract and help you dissolve your relationship with your lawyer if you decide to let us take on your case. We will also take care of details, like working out a payment arrangement with your current attorney. This is required because your lawyer most likely took your case on a contingency basis, meaning they get paid once they win your case. By the time you come to us, your lawyer would have done a certain amount of work for your case and has a right to demand a portion of the contingency fee.

In essence, there is a lot you should think about before you make the choice to switch attorneys. If they are doing what they should but things are taking a long time, then it’s probably best to stay where you are. But staying with a lawyer that’s incompetent or clearly doesn’t have your best interest at heart can hurt you in the long run.

Free Second Opinions

Breaking up with your attorney is not a decision that should be made lightly. Sometimes there are personality clashes between attorneys and clients, and that in itself is not a great reason to switch lawyers. But what if your attorney isn’t doing enough to settle your case or isn’t asking for an adequate amount of compensation? Those are serious issues that should be addressed immediately.

If you are in this situation, please schedule a free second opinion with one of our attorneys. Our lawyers have been handling train accident cases for many years, and know the proper steps and timelines for how they should be handled. We will review your lawyer’s work and give you an honest assessment regarding their services. We provide free second opinions at no cost to you as a part of our Zero fee guarantee, because no victim should ever have to pay for legal representation.

Call us today and speak to a knowledgeable train accident lawsuit attorney.

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