It can be frustrating to have to wait through the process, but it can help to know what may hold your case up in the courts. Here’s what you need to know from our New York sexual abuse lawyers at Morelli Law about what affects the timeline of a sexual abuse case.
The Court’s Procedures
Many sexual abuse claims start with a lawsuit instead of negotiation with an insurer. This means that the court has a large effect on the timeline. Different jurisdictions may have different procedural rules and speeds at which their courts operate.
Your lawyer should know the local courts and their timelines for completing different tasks, but the speed of the court is at the court’s discretion. One court may push these cases through quickly, and another may take a long time because they’re overloaded.
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877-751-9800Scheduling Conflicts
The court will have a docket of cases they’re working on at any time. If the court has too many cases, you may not get your day in court until much later than you like. It can take months between filing a lawsuit and starting your trial.
There also must be free time for you, the defendant, and the lawyers to meet on the same day. If there is a delay or an illness, your case could get bumped to a later day. All of this can slow down how long it takes to resolve your sexual abuse case.
Case Complexity
Cases that involve multiple parties, intricate legal issues, or complicated evidence may take longer to resolve. For instance, cases requiring extensive discovery, including depositions and expert witness testimony, can extend the timeline.
Your lawyer should explain if your case is more complex than similar cases to help set your expectations.
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877-751-9800Settlement Discussions
Your case does not have to go to court to be resolved. You could settle with the defendant out of court. Once you accept a settlement, your case can be resolved fairly quickly, assuming the defendant has the assets to pay your settlement.
The willingness of parties to negotiate and reach a settlement can significantly shorten the duration. Conversely, if settlement talks fail, this can lengthen your case. Litigation procedures are paused when both sides are negotiating a potential settlement.
The Length of Your Trial
If the case goes to trial, the length of the trial itself can vary. Some trials may last a few days, while others could last weeks or even months, depending on the complexity of the case and the amount of evidence presented.
If any party appeals the decision made at trial, this can extend the process by months or even years. Cases that settle without trial typically conclude faster than those that go through a full trial and potential appeals.
How Can I Speed Up the Resolution of My Sexual Abuse Claim?
The best way is to work with a sexual abuse lawyer from Morelli Law to resolve your claim as swiftly as possible, but there are a few other things you can do to make your case go faster.
Bring Evidence Early
Bring as much evidence as you can to your consultation. Early access to medical records, psychiatric records, physical evidence, and witness information will help your lawyer prepare your case much faster.
Be Proactive About Settlements
If you know how much you would like to get for your claim to settle, your lawyer can put forth a proactive settlement offer. This can be done directly with the defendant or through their lawyer at a settlement conference.
Consider Alternative Dispute Resolutions
Instead of a trial, you could use alternative dispute resolutions to resolve your case. These are less formal and take less time than trial. Your lawyer can advise you about whether these are in your best interests or if a trial may be better for your situation.
Be wary of trying to settle your case too soon. You cannot get more money later from your abuser once you settle. Let your lawyer help you get the most you can from your situation.
Conclusion
How long will it take to resolve your sexual abuse case? It depends on how quickly all parties can come to a resolution. If your case goes to trial, it could take much longer to finish. The swiftest cases still take a few weeks to process.
Due to the sensitive and complex nature of sexual abuse cases, it is crucial to have someone on your side who can help you through it as quickly as possible. Consult with Morelli Law for free by contacting us anytime about your sexual abuse claim.
Call or text 877-751-9800 or complete a Free Case Evaluation form