How Long Does a Work Injury Case Usually Take?

How Long Does a Work Injury Case Usually Take?

You probably want to know as much as possible when you’re heading into a lawsuit. How long this is going to take is a major concern on many people’s minds. Talking to experienced work injury attorneys in Houston about your case can give you a decent idea of how long your case might take. However, the time work injury cases take to settle varies.

Ask Work Injury Attorneys in Houston: How Long Does a Work Injury Case Usually Take?

As each case is completely different, there’s no average length of time that it takes for a work injury case to settle. Extremely simple cases where liability is immediately accepted may settle in just a few weeks, though this is rare. Most cases will take between six months to a year to settle, even if your employer accepts liability. Much of this time is taken up by investigations and negotiations.

If your employer disputes liability, then your case may stretch beyond a year. This may make you feel down, but don’t fret. Your attorney won’t give up until your case settles, even if you have to go to court and let your attorney present evidence to a judge and jury.

Will My Case Have To Go to Court?

Most workplace injury cases don’t go to court. If liability is disputed or if the insurance company refuses to pay enough to cover your damages, then you’ll most likely have to go to court. However, most reasonable employers and insurance companies will accept liability when there’s evidence in your favor.

How Soon Will I Get Workers’ Compensation After a Workplace Injury?

Many people who are injured on the job can claim both Workers’ Compensation and a settlement to cover their damages. Of course, your employer must have Workers’ Compensation Insurance for this to apply in your case. Find out more about how you can claim Workers’ Compensation while still receiving another settlement by contacting a workplace injury attorney.

You must claim Workers’ Compensation within 30 days of becoming injured. You must not have worked for at least a week before filing the claim. In most cases, your wage benefits will be paid to you 15 days after the time you became injured/the injury was proven. Your attorney can help you through the entire process of claiming Workers’ Compensation if needed.

How Much Can I Get in Workers’ Compensation?

Workers’ Compensation is calculated based on your average income, so your last 13 weeks of income will be taken into account, and your benefits will be paid based on this amount. Bonuses such as health insurance, car payments, and more will be taken into account, too.

How Much Can I Win Outside of Workers’ Compensation?

Settlements for your injury outside of Workers’ Compensation will often be higher than the amount you’re getting in Workers’ Compensation. The settlement will be calculated based on all of your damages. There are two types of damages you can receive compensation for in work injury cases.

Economic Damages

Economic damages are financial damages. Things you can be compensated for include:

  • Medical expenses
  • Lost income (usually in cases without Workers’ Comp)
  • Property damage (if applicable) 
  • Future medical expenses
  • Future lost income
  • Adjustments to your home if you’ve been left disabled

The exact economic damages you can win vary depending on the details of your case.

Non-Economic Damages

 Non-economic damages are paid based on the impact your injury has had on your life. Your attorney will use a formula to calculate these, and how much you could win varies depending on how badly your life has been impacted. Some of the things you could be compensated for include:

  • Bodily pain
  • Mental suffering
  • Loss of quality of life
  • Loss of consortium/companionship (in wrongful death cases)
  • Physical impairment or disfigurement
  • Injury to reputation

Which non-economic damages you can win and how much you can win in them varies based on the details of your case.

I Can’t Afford a Lawyer, Can I Still Win a Settlement?

Most personal injury attorneys work on a contingency fee basis. This means your attorney will take a percentage of your settlement once you’ve won. This percentage is, on average, 25% to 50% of your final settlement, though it may be a little more. All attorneys charge a different fee. Your employer may have to pay your legal bills on top of your regular settlement, so you may not lose a percentage of your settlement after you win it.

Simpler work injury cases can go on for up to a year. When liability is disputed, the cases take even longer to settle and may need to go to court. However, it’s worth sticking it out, because you could win a settlement on top of Workers’ Compensation. If you have damages, then you deserve to be compensated for them.