The length of time it takes to settle a SIRVA case varies from case to case based on the facts and circumstances of the claim. If the claim is settled without trial, the entire process typically takes a year or two to resolve. If the court disputes the case, though, and it goes to trial, then the process can take three or four years (if not longer).
While the reasons why it takes so long to settle a SIRVA case are multifaceted, the time it takes to settle a SIRVA case depends almost entirely on the court’s review and approval of the petition. Before awarding compensation, there must be a review of the medical documentation submitted in support of the claim in order to ensure that the petition and SIRVA-related injury are legitimate. However, the length of the process also depends on the details of the specific claim, the extent of the injury, and the number of medical records included in the petition. If the claim is determined to be legitimate, based on the court’s review, then the court will enter into settlement negotiations. Of course, though, if those negotiations are not successful, or if the court contests the petition, then the case may have to go to trial – which will inevitably extend the time it takes to reach a resolution.
One possible way to speed up the process is by ensuring that all proper medical documentation evidencing the injury is maintained. Typically, SIRVA symptoms develop within 48 hours of vaccination, and, if and when they do, it's imperative to seek immediate medical attention. An early diagnosis will establish the vaccine as the root cause of the injury, and the clearer the diagnosis is, the less time is required to prove the case.
Although with that said, the best way to expedite the process is by retaining the help of an experienced vaccine injury lawyer. While it’s not always possible to rush the court’s initial evaluation/investigation of the claim, having someone in your corner who is familiar with SIRVA claims will certainly help streamline the process.
With years of experience representing petitioners in SIRVA cases, our team at Rawls Law Group is familiar with what it takes to ensure that the claim is resolved promptly.