How Long Does a Personal Injury Case Take to Settle?
- October 13, 2024
- Categories: Personal Injury
As attorneys, we often hear the question, “How long does a personal injury case take to settle?” In a perfect world, that question would be easy to answer. But, alas, we don’t live in a perfect world and, therefore, no clear and concise answer exists.
The speed (or lack of speed) with which a case settles is dependent on several factors, some of which you and your attorney have control over and others you don’t. Some personal injury cases are relatively easy to prove, and others are much more complex and take more time. As a general rule of thumb, the more straightforward cases typically take a few months, while the complicated ones can take a few years. It often depends on the insurance company’s willingness to negotiate in good faith.
The at least the first six months of a case are typically focused on injury recovery, medical treatment, investigation, and evidence gathering. Then comes the negotiation stage which almost always results in a settlement (95% of the time), though on rare occasions (5% of the time), a case can go all the way to trial, and your attorney will argue in front of a judge and jury.
Factors Affecting the Duration of a Personal Injury Claim
In 2022, there were 63 million injuries reported in the U.S., totaling $1,283.5 billion in associated costs, according to data from the National Safety Council (NSC). More than 227,000 resulted in preventable deaths. The number of injury-related deaths in the U.S. has increased 162% over the last 30 years. In California, accidental injury deaths totaled 21,168 in 2022. Preventable/accidental injury was the third-leading cause of death in California, after heart disease and cancer, according to the NSC.
If you’ve been injured due to someone else’s negligence, a skilled personal injury attorney can help you file a claim seeking monetary damages. The statute of limitations for personal injury claims is two years from the date your injury occurred, so you want to file your claim quickly.
Some factors affecting the duration of a personal injury claim, and the amount of compensation you could be entitled to, include:
Severity of Injury
Generally speaking, the more serious your injury, the greater the compensation. However, if your injury is so severe that you spend months in the hospital or wind up in a coma, this can extend the length of time it takes for your case to settle.
Insurance Coverage
If you have good insurance coverage, it can speed up the settlement process. On the other hand, large powerful insurance companies also have a tough team of attorneys who will fight against your claim.
Medical Costs
To calculate the amount of damages you’re entitled to, the total cost of your medical bills must be included. If you’re in the hospital for a long time and your recovery takes months to stabilize, this can mean the timeline for settlement is longer.
Lost Wages
Similar to medical costs, lost wages are calculated based on the amount of time you’re off work, how much your earnings are impacted, and whether you remain permanently disabled. Sometimes, this dollar figure is readily apparent, and sometimes it can take many months to calculate just how much you’ve lost in wages (including future wages) due to your injuries.
The Certainty of Liability
When it’s obvious that the other party is completely at fault for the accident, and there’s plenty of surveillance or cell phone video available to prove it, this speeds along the process because the insurance company is more likely to settle quickly. When there’s evidence available that enables opposing attorneys to legally question liability, insurance companies tend to dig in their heels and can be slower to settle.
Number of Defendants
If there are several defendants in your case, rather than just one, then evidence gathering and other legal requirements can take longer. For example, in a straightforward car accident, things are simpler if there’s just one defendant, such as the other driver and their insurance company. However, in a severe truck accident where the other driver, their insurance provider, the trucking company, the truck manufacturer, and the cargo-loading company are named as defendants, the process for settlement will take longer.
Number of People Injured/Killed
The number of people injured in your accident, particularly if someone is killed, can complicate the settlement process. If one of the people involved in the accident died, a wrongful death claim can be filed in addition to personal injury claims.
Pain and Suffering
The amount of pain and suffering you experience after an accident not only affects the total payout in your case, but it can also impact the amount of time it takes your case to settle.
Whether the Case Goes to Trial
If your case goes to trial, which personal injury cases rarely do, this means it will take longer to receive payment for your injuries.
As you can see, there are many factors affecting the duration of a personal injury claim. Your attorney may be able to give you a reasonable estimate of how long your claim will take based on the unique facts involved.
Stages of a Personal Injury Lawsuit in California
Personal injury cases can arise from car accidents, slip & fall injuries, motorcycle collisions, workplace disasters, truck accidents, and a whole host of other events that result in injury or death to the people affected. Typical stages of a personal injury lawsuit in California include:
- Determining responsibility/liability
- Gathering evidence
- Assessing injuries/illness
- Arranging and undergoing medical treatment
- Participating in rehabilitation
- Establishing healthcare recovery plan
- Calculating your monetary damages
- Negotiating aggressively with insurance company
- Finalizing a settlement agreement.
Neale & Fhima Will Fight to Get the Compensation You Deserve
The average time to settle a personal injury case in California depends on so many variables that there is no “average.” Attorneys get this question all the time from clients, but there is no easy answer. At Neale & Fhima, we are committed to fighting aggressively for clients to achieve the maximum payout possible in their case. We are here to answer your questions, and we can estimate a timeline that cases similar to yours typically take. But that’s not set in stone. We’re always transparent, honest, and straightforward with our clients. We explain the law and discuss your legal options. Our satisfied clients can attest to our skill and often refer friends and family to our law firm. For a free initial consultation about your case, call us at 888-407-2955.