How Long Does a Personal Injury Case Take to Settle?

In the aftermath of a personal injury, your goal is to get back to everyday life as quickly as possible. While billboards and commercials often promise swift and favorable resolutions without any hiccups, settlement timelines vary with:

• The nature of the injury
• Your medical condition
• The willingness of insurance companies to cooperate
• Whether you settle out of court or pursue legal action, among other factors

Let's explore the factors and stages of a typical case to give you a more accurate picture of how long a personal injury case takes.

Factors that Influence Personal Injury Timelines

Nature of the Injury

Personal injury lawsuit cases involving minor injuries like whiplash can be resolved relatively quickly. That's because these injuries heal faster and generally have predictable outcomes.

Severe injuries, on the other hand, require more time to diagnose and treat, plus recovery outcomes may be uncertain. While victims are often anxious to expedite legal action, an experienced attorney would typically advise waiting until your health stabilizes to ensure your settlement factors in your current and future medical needs.

Liability Disputes

Determining who is at fault can be relatively straightforward in cases where you have documented evidence that someone else’s negligence caused an injury. However, settlement timelines may be extended when:

• You lack sufficient evidence to prove who is at fault
• Complex negotiations are required
• Multiple parties are involved
• You’ve sustained serious injuries that leave you incapacitated or have unpredictable recovery times

Insurance Company Cooperation

While many insurance companies work quickly to negotiate settlements, some will delay or pressure you to accept insufficient payments. Without an experienced personal injury lawyer on your side, these tactics can delay settlements for months or even years.

Settle or Pursue Legal Action

Settlements cannot occur until two things happen—you have finished medical treatment, and doctors believe they can reasonably predict your long-term care needs.

Once your medical needs are clear, reaching a settlement can happen in a matter of months. However, if you pursue legal action in court, proceedings can extend to a year or more, depending on:

• The court’s schedule
• The complexity of your case
• The opposing party’s cooperation
• Whether the outcome is appealed and other factors

Stages of a Personal Injury Lawsuit

While every personal injury case is unique, most follow a similar timeline:

1. Hiring an attorney: You contact JBP legal for a free consultation, and we will review the details of your case. If we believe your case would benefit from legal involvement and you agree, we will move forward with your case.
2. Investigate: During this phase, our attorneys will ask you to gather all medical documents—pictures of the accident and your injuries, medical records, and anything else not provided during the initial consultation.
3. Settlement demand: Once we understand the full scope of your injuries, we will submit a demand to the insurance company. Statistically, most cases resolve at this stage. However, if the insurance provider and at-fault party fail to offer fair compensation, we may decide to file a lawsuit.
4. Filing a lawsuit: Initiating a lawsuit begins with filing a petition with the court, which is then served to the at-fault party. That party must respond to the complaint (typically, within 21 days), either admitting or denying fault.
5. Trial: If the at-fault party does not admit fault or will not negotiate a fair resolution, the case may go to trial. During this phase, we present evidence to a judge and jury who determine the outcome of your case.

Personal Injury Settlement Timelines

Even two cases that look virtually identical from the outside may have different settlement timelines. That said, here’s a general overview of how long settlements typically take:

• Motor vehicle accidents: Due to clear liability and insurance involvement, motor vehicle accidents often settle in six to nine months.
• Medical malpractice: While some cases may settle in a year or two, most can take as many as three to five years to resolve due to their complexity and need for expert testimony.
• Slip and fall accidents: With clear negligence and minimal injuries, slip and fall accidents can be resolved in nine months to one year.
• Product liability cases: Settlement timelines vary greatly in product liability cases. While some cases resolve in months, others take years, as they often involve multiple parties and require complex investigations.

Get the Compensation You Deserve – Contact Us Today!

Whether your injury was caused by a negligent driver, a slip and fall, a dog bite, or the careless actions of another party, contact us immediately. We push back on insurance providers who may attempt to delay or unfairly minimize your compensation.

Our attorneys understand the physical and emotional toll personal injuries take on victims and their families and are here to guide you through every step of the process.  Contact us today!