How Long Do Most Personal Injury Cases Take to Settle?

When you are involved in a personal injury case, one of the most pressing concerns is often, “How long will this take to settle?” The duration of a personal injury case can vary widely and is influenced by numerous factors. In California, most personal injury cases settle in 6-18 months. But there are also instances where they can settle much faster. The complexity of your case, the extent of your injuries, and the willingness of the parties involved to reach a fair settlement are all factors which affect the settlement time frame. Understanding the timeline can help you manage expectations and plan accordingly. This article explores the typical phases of a personal injury case and what you can expect at each stage.

Initial Consultation and Investigation (1-2 Months)

The first step in any personal injury case is the initial consultation with an experienced personal injury attorney. During this meeting, you’ll discuss the details of your case, and the attorney will assess whether you have a viable claim. If you decide to proceed, the attorney will begin investigating your case. This investigation includes gathering evidence, reviewing medical records, interviewing witnesses, and sometimes consulting with experts to evaluate your case. This phase typically takes one to two months, depending on the complexity of the case and the availability of evidence.

Medical Treatment and Maximum Medical Improvement (3-12 Months)

If you have serious injuries, a key aspect of personal injury cases is reaching Maximum Medical Improvement (“MMI”). MMI is the point at which your condition has stabilized, and no further significant improvement is expected. This phase can vary greatly in length, from a few months to over a year, depending on how serious your injuries are and the required ongoing medical treatment that is prescribed. It’s often not wise to rush this stage in serious injury cases if there is substantial insurance coverage available to cover your injury claim.  Settling your personal injury claim before reaching MMI would mean settling without your future prognosis or your future medical expenses being known or claimed.

Case Presentation, Negotiations, and Settlement Discussions (1-3 Months)

In serious injury cases with substantial insurance coverage available to cover your claim, once you reach Maximum Medical Improvement, your attorney will typically prepare and present a comprehensive demand letter package to the insurance company or defendant’s attorney. This package includes various legal arguments on liability and damages, all relevant evidence, photographs and videos, witness statements, medical records, bills, proof of lost wages, and demand a specific amount of compensation. The insurance company will review the demand and either accept, reject, or counteroffer. This negotiation process can take one to three months from the time the case is presented, depending on the responsiveness of the parties involved and the complexity of your case.

Filing a Lawsuit (Several Months to Two Years)

If a fair settlement cannot be reached through negotiations with the insurance company or defendants, your attorney may advise filing a lawsuit. This step officially begins the litigation process, which can sometimes be lengthy. After filing the lawsuit, both parties will engage in the discovery phase, where they exchange information and documents, gather additional evidence, and take depositions. Discovery can take several months to over a year. The amount of time your case will take depends on the severity of your injuries and the amount of coverage or money available to cover your injury claim.  Cases with less serious injuries and less coverage can settle much sooner.  If your case is in litigation and it does not settle during discovery, it will proceed to trial, which can add additional time to the timeline of varying lengths. Most personal injury cases have been settled by this stage, and settle without a trial.

Trial and Verdict (1 Week to Several Months)

If your case goes to trial, the duration will depend on the complexity of the case and the court’s schedule. Most trials last a few days to a week, while others can extend to 2 weeks.  If your case is a substantial size and value, the trial could take for several weeks if there are a lot of witnesses and experts who need to testify. After the trial, the jury will deliberate and reach a verdict. This typically takes from 1 day to a week.  If the verdict is in your favor, you may still face additional time for post-trial motions and potential appeals, this can vary from a few weeks and take as long as a year.

Factors Influencing the Settlement Timeline

Several factors can influence how long a personal injury case takes to settle:

Complexity of the Case: More complex cases with multiple parties, severe injuries, or where fault and liability are in dispute take longer to resolve.

Amount of Damages: Serious injury cases involving significant damages often face more resistance from insurance companies, leading to longer negotiation periods.  Smaller cases resolve more quickly.  It also depends on the amount of insurance coverage available to cover your claim.

Court Schedules: The availability and schedule of the court can impact the timing, especially if the case goes to trial.

Settlement Willingness: The willingness of both parties to enter into negotiations or to reach a fair settlement can expedite or delay the process.

Conclusion

While the timeline for settling a personal injury case can vary widely, understanding the typical phases and factors involved can help you navigate the process with greater understanding. Working with an experienced personal injury attorney is crucial in ensuring your case is handled efficiently and you receive the compensation you deserve. If you have any questions about your specific case, don’t hesitate to reach out to a qualified attorney who can provide guidance tailored to your situation.

At our firm, we expedite cases for injured clients to get them paid as quickly as we can, as we know they are often suffering adverse financial consequences from the injury.  And we do so without compromising the case or its value.

If you have been Injured in an accident, contact us for help

If you or someone you know has been involved in a car accident, don’t wait to seek legal advice. Contact The Hassell Law Group today at (415) 334-4111 or visit our website to schedule a free consultation with our top-rated legal team. Let us help you protect your rights and obtain the compensation you are entitled to.

 

The general information provided on this website should not be considered legal advice and does not constitute legal advice. For legal advice, you should consult directly with an attorney. If you contact us by telephone, email, letter, or by contact form submission through this website, please note that such communication does not create or constitute an attorney-client relationship. We cannot act as your attorney until we are hired as your attorney by a formal written agreement.