How Long Does a Personal Injury Claim Take?

No two personal injury cases are the same. Some can be resolved in a short amount of time, while others will require more time and work. The most common factors affecting personal injury cases are how much medical treatment you need, the amount of your damages, and whether there are complex legal and factual issues.

Medical Treatment

Depending on the severity of your injuries, you may need to receive ongoing medical treatment. Some medical treatments, however, last longer than others. A firm understanding of your current and future medical needs is critical in assigning a value to your case.

Your Case Involves a Large Amount of Money

Certain cases, typically those with multiple parties or large medical bills, involve a significant amount of damages. These cases won’t settle as quickly because the insurance company will want to investigate the case thoroughly before settling. Large sums of money will likely delay your case.

Legal or Factual Issues

Depending on the case, issues may arise that delay the settlement of your claim. For example, it may be difficult to pinpoint who can be held liable for the accident, or the amount of your damages may be in dispute. Straightening out these issues can take some time, delaying your case.

While many factors can affect your claim, there is a typical timeline to personal injury cases.

Medical Treatment

If your injuries are severe at the time of the accident, seek medical treatment right away. Even if you believe you have not sustained injuries, it is still recommended you visit your doctor. Many times, injuries are not evident at the time of the accident and take a few days to surface. You may not even realize you have any injuries, but your doctor will be able to detect and treat any injuries.

You must also follow all of your doctor’s instructions and receive ongoing treatment if instructed to do so. Your medical treatment will be well recorded, and these medical records will eventually benefit your claim.

Hire a Personal Injury Attorney

While some will try to handle their personal injury claims independently, seeking the help of an attorney is highly recommended. Your attorney fully knows and understands the legal system and will competently handle your case from start to finish. While you focus on improving your health, your attorney will fight for your right to fair compensation.

Investigation

Your attorney will get initial information from you to begin their investigation. This phase can include:

• Collecting relevant documentation;
• Investigating the scene of the accident; and
• Interviewing witnesses.

This phase can take weeks or even months, depending on the circumstances surrounding your case. 

Negotiations

Your attorney will engage in settlement negotiations with the other side. There will be plenty of back and forth, and this will take some time. Your attorney’s goal is to get you the fairest settlement.

Filing a Lawsuit

If both sides cannot successfully negotiate a settlement, your attorney will file a personal injury lawsuit. Many lawsuits will settle out of court, but some will need to go to trial.

Mediation and Trial

Your attorney will try to settle your case in mediation. Mediation involves both parties attempting to come to a settlement with the help of a mediator. 

If mediation does not produce a settlement, your case will need to go to trial.