How Long Do Personal Injury Settlements Take?

A frequently asked question is “How long will it take to settle my case?” The answer, unfortunately, is “it depends.”

Many factors go into settling a case. Some are in our control, and some are not.

What We Control: Factors That Affect Personal Injury Settlements

What is in our control is making sure we have obtained the evidence to help build your case. That includes all medical records, both from prior years, and to the present if a client is still treating.

We must also obtain lost wage information if the client missed work. This may be in the form of paperwork filled out from their HR department and/or tax returns.

We must have enough of an understanding of all of the harms, called damages. When we have all of that information, we can send what is called a “demand” to the defendant’s insurance company.

Factors Outside of Our Control in Personal Injury Cases

What is out of our control is whether the insurance company accepts our demand or gives us an offer.

Sometimes, when we either do not have an offer, or the offer is not high enough to satisfy us and our client, we must file what is called a “complaint” and litigate the case.

The defendant insurance companies will assign attorneys to handle the case, and we deal with them moving forward at this point.

What Happens Once We Serve the Defendants?

Once we have served all defendants, meaning they all received copies of the complaint, their attorney will file what is called an “answer,” which is their response to the complaint.

From there, the Court will schedule a scheduling conference with the attorneys and set various dates and deadlines for the case, including a trial date.

A trial is generally scheduled around a year out.

The Pre-Trial Phase: Litigating Your Case

From there, the case moves forward in what is called “litigation,” which is the process of a legal action that has been filed in court.

The Discovery Phase in Cases

The first stage of litigation is what is called “discovery.” This is where both sides exchange records and information they have, and answer written questions called interrogatories.

This is also where parties are deposed, meaning the opposing party’s attorney asks them questions about the case under oath.

The discovery phase is also the time where the parties may retain expert witnesses, such as doctors who provided treatment, or other experts such as economists.

Negotiating Settlements Before Trial

Once all discovery is complete, the parties are generally in a position to discuss settlement. This is generally done in two ways.

The first way is informally, through demand letters or conversations between the attorneys.

Settling Through Mediation

The second way is formally through what is called “mediation.” Mediation is where all parties to a case meet either in person or virtually through Zoom with a neutral third-party attorney called a “mediator.”

The mediator’s job is to understand the case, hear both sides, and then go back and forth between them to attempt to broker a settlement.

What Happens if Mediations Do Not Work?

If settlement discussions and/or mediation are unsuccessful, the case will move forward to trial.

It must be understood that every lawsuit that gets filed has the potential of going to trial.

The parties move forward to trial when they are unable to agree on a settlement amount and resolve the case.

While both sides are generally motivated to resolve a case prior to trial, there may be a fundamental disagreement to liability (who caused the harm) or the amount of damages (injuries/loss to the plaintiff).

What Happens During a Trial in a Personal Injury Case?

If the parties go to trial and a jury trial has been requested, each side will present witnesses to support their case and the jury will decide 1) which side prevails, and 2) if the plaintiff prevails, the amount of money they are entitled to.

This is called a verdict, or a judgment. Therefore, cases can be resolved two ways: through settlement and through trial.

Before going into litigation, it is important to understand the potential time frame involved, and risks and costs of going to trial.

Call KNR for Answers About Your Personal Injury Case

Pursuing justice after an accident causes injuries or losses can be complicated. This process should not be one that you face alone. Working with experienced personal injury lawyers can help improve your chances at getting the money you deserve.

The lawyers at Kisling, Nestico & Redick, LLC can help you understand your case. We can review your accident and help you build your story to help secure a settlement.

Call us now at 1-800-HURT-NOW or fill out our contact form to schedule your free, no-obligation consultation. We are here for you.