How Long Will My Kentucky Car Accident Case Take?

After a car accident, your focus should be on your health and your recovery – but it can be a struggle when the medical bills are mounting, and your household income has been cut in half. “How long is this going to take?” is a common question from our injury clients, and the answer is: it depends on the circumstances of your case, the injuries you sustained, and who is ultimately liable.

Today, we want to talk a bit about the process once you decide to pursue a car accident claim or lawsuit in Kentucky. We believe that this knowledge can help you better prepare for what is ahead.

Initial steps and investigation

The first phase of a Kentucky car accident case involves the immediate actions taken at the accident scene and the subsequent investigation. Law enforcement typically arrives at the scene to document details, assess injuries, and determine fault. The police report, witness statements, and any available evidence are critical to building your case. This initial phase can take a few weeks to a few months, depending on factors such as the complexity of the accident and the responsiveness of involved parties.

Medical treatment and recovery

Any injuries related to the car accident should take priority. Seeking prompt medical treatment is vital, not only for your physical recovery but also for building a strong case. The duration of medical treatment and recovery significantly influences the overall timeline of a car accident case. In some cases, injuries may require ongoing care, rehabilitation, or surgeries, extending the case’s timeline.

Negotiations with the insurance company(ies)

Before filing a lawsuit, there is often a period of negotiation between the involved parties and their insurance companies. This phase involves communication, exchange of information, and attempting to settle without going to court. The duration of these negotiations depends on various factors, including the complexity of the case, liability, and the willingness of the parties to cooperate.

Filing a lawsuit

If negotiations fail to yield a satisfactory result, the next step is filing a lawsuit. The duration of this phase can vary. In Kentucky, the statute of limitations for car accident claims is typically two years, meaning that a case must typically be filed within two years of the date of the accident. Factors influencing the decision to file a lawsuit include the severity of injuries, liability disputes, and the amount of compensation sought. It is important you do not miss this two-year deadline; otherwise, you may be barred from filing a lawsuit for your Kentucky car accident.

Discovery process

Once a lawsuit is filed, the discovery process begins. This involves the exchange of information, documents, and evidence relevant to the case. Discovery can be a time-consuming phase, lasting several months to over a year, depending on the complexity of the case, the number of parties involved, and the volume of evidence. Discovery also involves the following:

• Interrogatories and requests for production. Attorneys submit written questions (interrogatories) and requests for documents to the opposing party, seeking information relevant to the case.
• Parties may be required to give sworn testimony in depositions. Depositions involve questioning by the opposing party’s attorneys, and witnesses must answer truthfully under oath.
• Expert witnesses. Depending on the nature of the case, expert witnesses may be involved, requiring time to secure their testimony and opinions.

Negotiations during litigation

Even after a lawsuit is filed, parties can continue settlement negotiations. The discovery process often uncovers additional information, and that can influence the other side’s willingness to settle. Settlement negotiations can occur at various points during the litigation process, and the timing of this period depends on the progress of the case and the willingness of each of the parties to reach an agreement.

Mediation and alternative dispute resolution

To expedite the resolution process, some parties may opt for mediation or alternative dispute resolution (ADR). Mediation involves a neutral third party assisting the parties in settling. ADR methods can be pursued at any stage of the litigation process, potentially speeding up the resolution of the case.

Trial preparation and court schedule

As the case progresses toward trial, both parties engage in trial preparation. This involves preparing legal arguments, organizing evidence, identifying witnesses, and complying with court requirements. The court’s schedule and availability may influence the timing of trial preparation and subsequent proceedings.

Trial

The duration of a trial can vary significantly based on the complexity of the case, the number of witnesses, and the volume of evidence presented. Trials can last days, weeks, or even longer. While many car accident cases are resolved without going to trial, if you go to court, it will typically extend the overall timeline.

Post-trial motions and appeals

Following a trial, post-trial motions and potential appeals can also extend the duration of the case. Parties dissatisfied with the trial outcome may file motions challenging the verdict or appeal the decision. The appellate process introduces additional time considerations, potentially prolonging the resolution.

With all this, you can see that the duration of a car accident case in Kentucky is influenced by numerous factors, making it difficult to offer a one-size-fits-all timeline. From the initial investigation to potential trial and post-trial motions, each phase contributes to the overall duration. Individuals pursuing a Kentucky car accident case should be prepared for a process that may span several months to years, depending on the specific circumstances of their case.

At Wilt Injury Lawyers, we work with you throughout your car accident case. We keep you apprised of every step of the process, all the while working to settle your case with the best possible outcome. We prepare you extensively for each part of your case, including trial. You can rest assured knowing your car accident case is in good hands with us. To schedule a free consultation, call our Kentucky offices or complete our contact form. We serve clients across Kentucky from our offices in Lexington and Louisville.