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When you’re hurt in a personal injury accident, you need to know how long personal injury cases take to settle.
The answer is always, it depends.
But you need to know what it depends on. You need to know what the personal injury case timeline might look like for your claim.
Shealey Law Firm explains how long personal injury cases take to settle.
How Long Does It Take to Settle a Personal Injury Case?
A personal injury case can take between several weeks and over one year to settle; most cases fall somewhere in between. The complexity of the case, damages, and other factors can impact the timeline for a personal injury lawsuit settlement.
Understanding the Timeline of a Personal Injury Case
A case can be settled at any stage – some cases settle before a claim is even formally filed. It’s also possible to reach a settlement right before trial, or even after trial while a case is pending on appeal.
Here are some stages where a case might settle. Remember that these timelines are just an estimate – your case may be different.
2-8 weeks – at the initial claim
Sometimes, all it takes to settle a claim is to make an insurance claim and submit the necessary documents. This is most likely to be the case when damages are a moderate amount, liability is clear, and there is an insurance policy that can pay compensation.
4-12 weeks – with initial negotiations
Making a claim may not prompt the insurance company or responsible party to pay the appropriate amount. It may take some back and forth discussions. It may still be possible to reach a settlement, but it may take more time to negotiate.
8-12 weeks – with a formal demand
A formal demand letter states the basis for the claim and the amount demanded in compensation. It must be prepared thoughtfully, after an investigation of the claim. A demand letter can help a personal injury claim settle by clearly communicating the case, usually within a timeline of 8-12 weeks.
2-4 months – after filing a claim, before discovery
It may be necessary to file a legal claim to settle a personal injury case. Filing the claim requires the defense to respond. It may prompt them to take the case seriously and extend an offer. You shouldn’t delay in filing a case, but you must carefully prepare a summons and complaint. If a case settles shortly after a claim is filed, it may take 2-4 months.
4-12 months – preparing for trial
After the plaintiff files a personal injury case, the defense has several weeks to respond. Then, the parties engage in discovery. Discovery can reveal evidence that helps the parties narrow disputed issues. The process can prompt a settlement.
12-18 months – before trial
A personal injury case can be settled at any point before trial. A case can even be right before the trial is set to begin. The court will likely require the parties to engage in mediation and settlement conferences.
12-24 months – during trial
A case can even be settled while a trial is ongoing. The parties may continue to discuss the matter, and the evidence revealed at trial may make a party more amenable to reaching an agreement.
12-36 months – after trial
Some cases are tried all the way to a jury, and then a party appeals. It’s a rare circumstance, but it’s possible – and it’s possible to reach a settlement while a case is pending on appeal. Appeals from the trial level typically take several months, which means a case may be ongoing for years before reaching a settlement on appeal.
When Can You Expect a Settlement Offer?
Remember that most personal injury cases settle, and most personal injury cases resolve in a matter of weeks or months. When you can expect a settlement offer in your case depends on several factors.
Factors That Influence How Long a Personal Injury Case Takes
- Severity of Injuries. Greater amounts typically take longer to settle.
- Insurance. An insurance policy to pay damages can make it easier to resolve a case.
- The case you Build. Strong evidence can justify the amount that you are seeking.
- Clear Fault. If it’s obvious that the defendant is at fault, they may be willing to resolve the case sooner.
- Personal Preferences. You may choose whether to accept a settlement or continue to pursue the case. Each party has some control over the timeline, choosing whether to extend or accept settlement offers.
- Legal Representation. An attorney can help you pursue your case efficiently.
- Other Factors. No two cases are alike. What factors may influence how long a personal injury case takes depends on the circumstances.
Talk to an Attorney Before Settling!
An attorney can review your case and advise you about whether to accept a settlement. They can explain what you might do to get a better offer and what to consider as you navigate your case. An attorney can explain how legal representation might assist you, and how long your personal injury case may take to settle.
Contact Shealey Law Firm to talk about your case.