How Long Does a Personal Injury Case Take to Settle?

On behalf of Harper, Evans, Hilbrenner & Netemeyer

January 9, 2025

 How Long Does a Personal Injury Case Take to Settle?

After an accident, it's natural to wonder how long it will take for your personal injury case to reach a settlement. The truth is, there's no one-size-fits-all answer. The timeline can vary widely based on the specifics of your case. While some cases may be resolved in just a few months, others can stretch on for years. Understanding the steps involved and the factors that influence this process can help ease the uncertainty.

The Personal Injury Case Process
The timeline for settling a personal injury case is largely dependent on its complexity and whether a settlement can be reached without going to trial. The steps below outline the process and estimate how long each phase may take.

Medical Treatment and Maximum Medical Improvement (MMI)
The first step after an injury is to seek medical care. In many cases, the full extent of the injury is not immediately clear. Your attorney may wait until you reach Maximum Medical Improvement (MMI)—the point at which your condition has stabilized and is unlikely to improve further. This is important because your medical records will form the basis for calculating damages. Depending on the injury's severity, reaching MMI can take weeks to several months or even longer.

Investigation and Evidence Gathering
While you are receiving treatment, your attorney will start gathering evidence. This includes police reports, medical records, witness statements, and other documents that can help establish liability and damages. The time needed for this process depends on the availability of evidence and the complexity of the case, ranging from 1 to 6 months.

Filing a Claim and Demand Letter
After gathering all necessary information, your attorney will prepare a demand letter to the at-fault party's insurance company. This letter details your injuries, medical expenses, lost wages, and other damages. The insurance company will review the demand and either accept, deny, or counteroffer. Depending on the insurance company's response, this stage may take weeks to months.

Negotiations
Negotiations usually begin after the demand letter is sent. Both sides will negotiate in an attempt to reach a settlement. Many cases are resolved at this stage because both parties prefer to avoid the expense and time of litigation. Negotiations can take anywhere from a few weeks to several months, depending on how quickly both parties are willing to compromise.

Filing a Lawsuit
If negotiations fail, your attorney may file a lawsuit, moving the case into litigation. The litigation phase includes discovery, depositions, and pre-trial motions. A lawsuit doesn't necessarily mean a trial will take place, as most cases settle before reaching that point. Once filed, the case may take 1 to 2 years to move through the court system.

Mediation or Settlement Conference
Before trial, the court may order mediation or a settlement conference. A neutral third party helps facilitate discussions to avoid a trial. This process usually takes 1 to 3 months to arrange and, if successful, can resolve the case.

Trial
If mediation fails and a settlement cannot be reached, the case goes to trial. Trials vary in length, depending on the complexity of the case, and can last from a few days to several weeks. The judge or jury will consider the evidence and render a decision.

Factors That Affect the Timeline
Several key factors influence how long a personal injury case takes to settle, including:
  • Severity of Injuries: Severe injuries often require longer treatment times, which can extend negotiations and lead to disputes over compensation.
  • Liability Disputes: If there is disagreement about who is responsible for the accident, it can take longer to resolve as both sides gather and present evidence.
  • Insurance Company Cooperation: Some insurance companies aim to settle quickly, while others may delay the process to pressure the injured party into accepting a lower offer.
  • Case Complexity: More complex cases, such as those with multiple parties or legal challenges, typically take longer to settle.
  • Litigation: If the case proceeds to trial, it can add significant time to the process.
Shorter vs. Longer Cases
A straightforward case involving minor injuries and a cooperative insurance company may settle within 3 to 6 months. However, cases that involve severe injuries, liability disputes, or a trial can take 1 to 3 years to resolve.

Reach Out to Harper, Evans, Hilbrenner & Netemeyer Today
If you or a loved one has been injured in an accident, consulting an experienced personal injury attorney is crucial. The team at Harper, Evans, Hilbrenner & Netemeyer is committed to guiding you through the process and fighting to ensure you receive the compensation you deserve. Contact us today to schedule a free consultation and take the first step toward recovery.