Personal injury claims typically take 6 to 18 months to settle, depending on the severity of the injuries and the circumstances of the case. Complex cases involving catastrophic injuries can take up to 5 years.
There’s no single timeline that applies to all cases. What’s most important is that you get a fair settlement. You can speak to an expert solicitor to ensure your case moves forward towards an outcome you deserve.
Key Timelines
- Simple personal injury claims with clear liability and minor injuries usually settle within 3 to 8 months.
- Moderate cases involving ongoing treatment, disputed fault, or commercial defendants can drag on for 8 to 18 months.
- Claims for catastrophic injuries or those that go to trial take longer, usually between 2 and 5 years.
If out-of-court negotiation or mediation doesn’t work, you can choose to litigate. Yes, a personal injury lawsuit will likely take longer, but there’s a bigger chance of a more favorable outcome.
Factors That Affect How Long Your Personal Injury Claim Takes
Every personal injury case is different. Below are certain factors that can give you an idea of whether it will be quick to resolve or not.
1. Severity of Injuries
Insurance companies may pressure you to accept a low settlement quickly and get it over with, but it’s advisable not to.
A personal injury victim needs to reach Maximum Medical Improvement (MMI) before settling a claim. This is the point where the doctor determines that your condition has stabilized enough and will not significantly improve with additional treatment. It becomes more about managing your current condition as it is, whether it is lingering pain, etc.
Since there will likely be no further improvement, the cost of managing for a month will be the same as the cost for the next month. So at that point, it’s easier to estimate the cost of ongoing care, which is why it’s recommended to wait before settling.
The thing is, the more severe the injury, the longer it will take to reach MMI, significantly lengthening the duration of your personal injury claims process.
2. Insurance Company Tactics
Insurance adjusters have several tactics to manipulate victims into accepting a low settlement. They may stall or request excessive documentation. The goal is to make the victim desperate enough to accept whatever’s on the table. It’s helpful to have an experienced attorney who is conscious of those tactics and can counter them. The presence of a reputable attorney can also discourage such delay tactics.
3. Disputed Liability
When fault isn’t clear, intense investigation is typically involved. This can affect how long a personal injury claim takes to reach a settlement.
4. Type of Insurance Policy Involved
Simple auto insurance policies are usually faster to resolve than large commercial insurance policies. That’s why a minor car crash can settle months before a premises liability or defective product claims.
5. Pre-Existing Conditions
If you have existing health conditions before the accident, the line becomes more blurred. Insurers may argue that your injuries or current health conditions aren’t all related to the accident, extending negotiations.
The Personal Injury Claims Process
Understand what to expect during the personal injury claims process until settlement
1. A Personal Injury Claim is Filed
The injured party files a claim to their insurance provider or the at-fault party’s, depending on the state laws. You don’t need to include a dollar amount, as your total losses are likely unknown at this point. You can have a personal injury lawyer file and submit the claim on your behalf. If the accident involves several parties, a claim is submitted to each insurance company.
2. Investigation Begins
The insurer will review your injury claim, after which they will carry out investigations to validate your claim. Expect a response, be it favorable or otherwise. It’s recommended that you hire a personal injury attorney who will gather the necessary evidence on your behalf to protect your claim against any counter-response the defendant may present.
Your attorney works with specialists to reconstruct the event and build a strong case. This can take months, depending on the complexity.
3. Demand Letter Sent to Insurer After Reaching MMI
Once you attain MMI, your injury lawyer would liaise with medical and financial experts to estimate the cost of ongoing care (if needed). Your damages — compensation required to cover your losses, pain and suffering, etc. — are calculated, and a formal demand letter bearing the dollar value is then sent to the insurance company.
4. Negotiation/Mediation
Expect the insurance company to make a settlement offer, which may or may not cover your demands. Your attorney can help you negotiate a more reasonable offer. In some cases, both plaintiff and defendant can decide to have a neutral mediator to facilitate negotiations.
5. Settlement or Lawsuit Filed
If both sides agree on a settlement offer, the mediator or attorney drafts a letter of settlement, which both parties must sign. Once signed, it becomes a legally binding contract. Meaning the defendant must disburse as agreed, and the injured party can no longer demand more.
If you or your lawyer believes the settlement offer is unreasonable, you can choose not to sign the settlement and instead file a personal injury lawsuit against the at-fault party.
What Happens If the Case Goes to Trial
90% of personal injury claims are settled outside of court. If it eventually goes to trial, the timeline extends significantly. Most trials are scheduled 9 months or over a year after filing the lawsuit.
While going to court can delay your reimbursement, it isn’t bad. It can even increase your leverage for a better settlement.
Remember, every personal injury case is unique. Some cases come with nuances that are only visible to the experienced eyes of a Manchester personal injury lawyer. Speaking with an attorney can help you understand the full scope of your situation. They also understand insurers’ tactics and can move things along more efficiently than when you go it alone.
Frequently Asked Questions (FAQs)
How long do most personal injury cases take?
Most personal injury cases take 6 to 18 months to resolve, depending on the complexity of the situation, nature of injuries, and whether fault is clear. Simple car accidents with minimal injuries can settle within 6 months.
What causes personal injury claims to take longer?
Unclear fault, extensive injuries, claim being contested, or the case going to court are key factors that lengthen the personal injury claims process.
