The length of time that it will take to settle a personal injury claim can vary greatly and depends upon the unique factual circumstances of each case, the severity of the injuries, and the amount of time for recovery for those injuries. The timeline of a personal injury case generally depends upon:
- The complexity of the case
- Whether liability is clear
- The severity of injuries
- The defendant’s willingness to settle
- The client’s willingness to participate in litigation
- The case load in the court’s jurisdiction
Settling a case too quickly or before a client has completed medical treatment will usually result in a lower settlement offer for the client. Settling a case too early may have serious long-term consequences for the client if they are in need of ongoing and future medical treatment for their injuries.
Some cases may take longer to settle because there are disputes between the parties as to who was at fault for the accident, whether the injured party was also partially at fault, and whether the accident actually caused the injuries.
Many accident and injury claims settle within one to two years. If liability and the amount of damages are contested, then it is unlikely that a case will settle before a personal injury lawsuit is filed. While the vast majority of lawsuits settle before going to trial, once a lawsuit is filed, a case in litigation may last from one to five years.