How Long Should a Personal Injury Case Take to Settle?

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner,  LaRuby May who has years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.

by: 
 | October 11, 2024
How long should a personal injury case take to settle

When you're hurt, and it's someone else's fault, starting a personal injury claim can seem like stepping into a confusing and slow process.

A personal injury case typically takes anywhere from a few months to about 1-2 years to settle, depending on the complexity of the case. Simple cases may settle within 3-9 months, while more complex cases involving litigation can take up to 18-24 months.

At May Jung Law Personal Injury Lawyers, our goal is to recover a fair settlement for your serious injuries. Each personal injury lawsuit is different, and many variables can affect how quickly or slowly things move. Knowing these factors can help set realistic expectations and prepare you for the journey ahead.

With the right personal injury lawyer, navigating this process becomes much easier. We can also help you review the specific aspects of your case that will influence the timeline.

If you need further guidance, contact our personal injury law firm for a free consultation.

Factors That Affect the Timeline of a Personal Injury Case

Several factors influence how long it takes to settle a personal injury case. The complexity of the case, the severity of injuries, and the response of insurance companies all have huge impacts.

The willingness of parties involved to negotiate also plays a critical role. In addition, the overall efficiency of the court system can either speed up or delay the resolution.

Complexity of the Case and Severity of Injuries

More complex cases with severe injuries tend to take longer to settle. When injuries are serious, it's vital to understand the full extent of medical treatment needed. This can mean waiting until the injured person reaches maximum medical improvement.

Lawyers and insurance companies need this information to calculate fair compensation for medical expenses, lost wages, and other damages.

Willingness of Insurance Companies to Settle

The attitude and policies of the insurance company involved can considerably influence the timeline. Some insurance companies are known for their willingness to settle quickly to avoid lengthy litigation. Others might drag out negotiations to pressure the injured party into accepting a lower settlement.

Your personal injury lawyer's skill in dealing with insurance companies can make a big difference here. If the insurance company is unwilling to settle, alternative dispute resolution could be an option. In this process, a neutral third party helps reach a fair agreement.

Whether the Case Goes to Trial or Settles Out of Court

Most personal injury cases settle out of court, usually faster than going to trial. Settlement negotiations can be a quicker route to receiving compensation. However, suppose the parties cannot agree on a settlement.

In that case, the case will go to trial, which involves scheduling conflicts, trial preparation, and waiting for a trial date, which can substantially extend the timeline. While most personal injury claims settle out of court, we are prepared to go to trial to fight for justice for our clients.

The Resources of the Defendant

The defendant's resources can also affect the case's timeline. If the defendant has major legal and financial resources, they might prolong the case to wear down the other side. On the other hand, a defendant lacking resources might aim to settle quickly to avoid trial costs.

The Current Caseload of the Court System

The court system's efficiency in your area can affect your case's duration. A court with a heavy caseload may take longer to schedule hearings and trials, which delays the entire process. This is where the experience of your personal injury attorney in navigating local legal systems becomes invaluable.

Settling a Case: Balancing Speed With Getting a Fair Deal

Settling a Case: Balancing Speed With Getting a Fair Deal

Reaching a quick settlement can be tempting, especially if facing financial pressures or wanting to move past the incident. However, do not rush into a settlement that undervalues your claim. An experienced personal injury attorney can guide you in balancing speed with the need for fair compensation.

If applicable, a good settlement should cover all your losses, including ongoing medical expenses and future income loss. Your lawyer will work to negotiate the best possible outcome while keeping your best interests at the forefront.

Remember, settling too quickly can leave you without the resources to fully recover.

The Most Common Mistakes Made When Settling a Personal Injury Case

The most common mistakes made when settling a personal injury case
  • Accepting the first offer. Many people often accept the first offer from an insurance company because they need quick financial relief. However, this first offer is rarely the best one.
  • Not understanding the full extent of injuries. Settling before knowing the full effects of your injuries can result in compensation that doesn't cover all your medical bills or future medical care.
  • Underestimating future medical needs. Future medical treatment can be expensive, and failing to account for these costs in a settlement can leave you paying out of pocket.
  • Overlooking non-economic damages. Your settlement should also consider pain and suffering, loss of enjoyment of life, and other non-economic damages.
  • Failing to consult a personal injury attorney. Some think they can handle settlement negotiations themselves to save money, but this often leads to under-compensation.

Common Delays in Personal Injury Cases

Delays in personal injury cases can frustrate everyone involved. Disputes over who is at fault or the extent of injuries are common sources of delay. Difficulty in obtaining necessary medical records to prove damages can also slow things down.

Additionally, finding a suitable trial date can take much longer than expected if the court system is backlogged.

Disputes Over Liability or Extent of Injuries

Disagreements about who is responsible for a car accident or how severe the injuries are can significantly extend the timeline of a personal injury case. These disputes often require additional investigation, evidence collection, and, sometimes, expert testimonies. You can also see them in complicated pedestrian accidents or wrongful death cases.

Difficulty in Obtaining Medical Records and Evidence

Gathering the necessary medical records and other crucial evidence to support your claim is paramount but can be time-consuming. Delays can occur when hospitals or doctors' offices are slow to respond to requests for medical records. Your lawyer's persistence and experience handling such issues can mitigate these delays.

Scheduling Conflicts With Court Dates and Trial Preparation

Finding a date that works for all the parties involved, including the court, can be challenging. Preparing for trial is a detailed process involving coordinating with witnesses, experts, and various legal professionals, which can also lead to delays. Discovery process issues can also play a role.

How May Jung Law Personal Injury Lawyers Negotiate a Fair and Just Settlement

How May Jung Personal Injury Lawyers negotiates a fair and just settlement

At May Jung Law Personal Injury Lawyers, we know the nuances of personal injury lawsuits. Our experienced personal injury attorneys know how to cut through red tape and negotiate with tough insurance companies.

We fight to secure the best possible settlement for our clients, ensuring all aspects of the case are thoroughly prepared and presented.

Our approach focuses on comprehensive preparation and strategic negotiations. We prioritize keeping our clients updated and involved at every turn, ensuring they are aware of the process and feel confident in our strategies. We negotiate a settlement that fully compensates for your losses, considering both current and future needs.

Connect With Our Washington, D.C. Personal Injury Lawyer for a Free Case Consultation

Connect with our Washington, DC personal injury lawyer for a free case consultation

If you're dealing with the aftermath of an accident and need guidance on your personal injury claim, contact May Jung Law Personal Injury Lawyers today. Our dedicated team is ready to help you navigate the complexities of your case and fight for the compensation you deserve.

Contact our experienced personal injury lawyer for a free case consultation.

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LaRuby May
PERSONAL INJURY LAWYER
LaRuby May, born in Pensacola, Florida, to Reverend Theophilus May and Mary J. May, has been a changemaker for over 30 years. As a lawyer, entrepreneur, developer, teacher, and strategist, she co-founded the May Jung law firm with Je Yon Jung to advocate for people of color and empower their participation in the civil justice system.
Previously, she was a founding member of May Lightfoot, PLLC, representing clients in worker’s compensation and complex litigation. A founding board member of Shades of Mass, she also belongs to the National Bar Association, Women’s Bar Association, and UDC Law Hall of Fame.

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