"How long will my case take?" is one of the first questions nearly every personal injury client asks. It is a perfectly reasonable question. You are dealing with medical bills, lost wages, and the stress of recovery, and you want to know when you can expect a resolution. The honest answer is that every case is different, but we can provide general guidelines about the typical timeline and the factors that influence how long a case takes.

Typical Timeline for a Personal Injury Case

While there is no one-size-fits-all answer, most personal injury cases follow a general timeline:

Phase 1: Medical Treatment (Weeks to Months)

The first priority is always your health and recovery. As we discussed in our article on maximum medical improvement, it is generally unwise to settle your case before you have completed your medical treatment and reached MMI. This phase can last anywhere from a few weeks for minor injuries to a year or more for serious injuries requiring surgery and rehabilitation.

Phase 2: Investigation and Demand (1-3 Months)

Once you have reached MMI, your attorney will gather all of your medical records and bills, calculate the full value of your claim, and prepare a detailed demand package to send to the insurance company. This phase typically takes one to three months, depending on the complexity of the case and the number of medical providers involved.

Phase 3: Negotiation (1-6 Months)

After the demand is submitted, the insurance company will review it, conduct its own investigation, and respond with an initial offer. Negotiations can be quick if the liability is clear and the insurance company is acting in good faith, or they can be prolonged if the insurer is disputing liability, the severity of your injuries, or the value of your claim.

Phase 4: Litigation (6-18 Months if Necessary)

If negotiations do not result in a fair settlement, your attorney may recommend filing a lawsuit. Litigation adds significant time to the process, including the discovery phase where both sides exchange information, depositions, potential mediation, and ultimately trial if the case does not settle. The litigation phase can take anywhere from six months to two years or more.

Factors That Affect Case Duration

  • Severity of injuries: More serious injuries require longer treatment, which delays the settlement process.
  • Complexity of liability: Cases with clear liability settle faster than cases where fault is disputed.
  • Number of parties: Cases involving multiple defendants or multiple insurance companies are more complex and take longer.
  • Insurance company behavior: Some insurers negotiate in good faith while others use delay tactics.
  • Court backlog: If litigation is necessary, the local court's caseload can affect the timeline.

Why Rushing to Settle Can Hurt You

We understand the financial pressure to settle quickly. But accepting a premature settlement almost always means accepting less money than your case is worth. Once you sign a release, you cannot go back and ask for more, even if your injuries worsen or you need additional medical treatment.

At Dr. Ted Injury Law, we work to resolve cases as efficiently as possible without sacrificing the quality of the result. Contact us at (800) 555-HURT for a free consultation about your case timeline and options.