As you face the financial fallout of an accident and a potentially long recovery period, you may wonder how long it will take to get compensation. The truth is, there’s no simple answer. Some cases settle quickly. Others can take months or even years.
The timeline for settling a personal injury case depends on many factors, including the severity of your injuries, how the accident happened, and whether the insurance company is willing to negotiate fairly. Here’s what you need to know about how long it might take for your case to settle and what to expect at each stage.
What Affects How Long a Personal Injury Case Takes?
Every case is different. Still, certain factors commonly affect how long it takes to reach a settlement.
1. How Badly You Were Hurt
More serious injuries usually mean a longer recovery time. You don’t want to settle your case before you know how your injuries will affect your life long term. If you settle too early, you might not get adequate compensation for future medical costs, reduced earning potential, or lost quality of life.
With more serious injuries, like spinal cord injuries and moderate to severe brain injuries, the insurance company may also invest more time and effort to fight your claim.
2. Whether Fault Is Clear or Disputed
Sometimes, proving who caused an accident is fairly straightforward. For example, it’s usually easier to establish negligence in a rear-end accident than in a lane-change accident on the highway. When the fault is clear, your case is likely to settle faster.
If the fault is disputed, gathering evidence and proving your case can take longer. You must show either the other party’s negligence or strict liability and causation, meaning how the accident happened.
Sometimes, two or more parties share liability for damages in a personal injury case. This can also increase how long it takes to settle your case. Louisiana uses a pure comparative negligence rule, which assigns a percentage of damages to each party based on their share of fault. Your lawyer will ensure fault is assigned fairly.
3. Complexity of Your Case
Certain types of cases are more complex than others. Dog bite injuries and car accident cases are usually straightforward. Medical malpractice and truck accident cases, on the other hand, typically require an in-depth investigation and expert testimony.
4. Whether the Insurance Company Is Willing to Pay
Some insurers offer fair settlements early. Others drag things out or make lowball offers. The insurance company’s willingness to negotiate in good faith plays a role in how long it will take to settle your case.
If the insurance company refuses to offer what your case is worth, your lawyer may need to file a lawsuit.
5. Whether a Lawsuit Is Filed
Once a lawsuit is filed, a judge sets deadlines for each step of the legal process. Discovery, the exchange of evidence, can take several months. Many cases settle during or after discovery, but some go all the way to trial.
Typical Timeline for a Personal Injury Case
Here’s a basic breakdown of what happens during a personal injury case and how long each stage might take.
Step 1: Medical Treatment and Recovery (Weeks to Months)
Focus on getting the care you need. It’s important to wait until your condition stabilizes before settling. That way, your lawyer can estimate your total damages.
Step 2: Investigation and Demand Letter (One to Three Months)
During and after your recovery, your attorney will investigate your accident and gather evidence. They will collect medical records, bills, accident reports, and witness statements. They may work with experts if needed. Then they’ll send a demand letter to the insurance company outlining your injuries, the facts of the case, and how much money you’re seeking.
Step 3: Negotiation (One to Three Months Or Longer)
Insurance adjusters may respond with a lower offer. Your lawyer and the insurance company may go back and forth several times. If you agree on a number, your case can settle without going to court.
Step 4: Filing a Lawsuit and Going to Trial (Up to 2 Years or More)
If a fair settlement can’t be reached, your lawyer may file a lawsuit.
This starts the litigation process, which includes:
- Discovery: Both sides exchange evidence and take depositions
- Motions: Lawyers may ask the court to resolve legal issues
- Mediation: The court may require mediation before trial
- Trial: If no settlement is reached, a judge or jury decides the case
Some lawsuits settle at the last minute, even on the day of trial.
If your case goes to court, expect the process to take anywhere from nine months to two years. After filing your complaint, the defendant has about one month to respond. The discovery phase typically lasts several months, while pre-trial motions can add additional months to the timeline. If an agreement still isn’t reached, a trial date will eventually be set based on the court’s calendar.
A Fast Settlement Isn’t Always in Your Best Interest
It’s tempting to accept a quick payout. Medical bills pile up fast, and you may be out of work. But accepting an early offer could leave you short on money later.
Insurance companies know this and sometimes offer fast but unfair settlements to close the case before you talk to a lawyer. An experienced personal injury attorney can help you understand whether a settlement offer is truly fair or if it’s best to wait and negotiate.
Most Cases Settle Without Going to Trial
The good news is that the majority of personal injury cases settle before trial. Many cases do not require filing a lawsuit, but when a case is filed in court, only about 4-5% are actually resolved through trial.
Settlement is usually faster, less stressful, and less expensive than going to court. But sometimes, a trial is necessary to get the full value you deserve, especially in cases involving serious or catastrophic injuries.
Schedule a Free Consultation With Our Personal Injury Lawyers
If you have been seriously hurt and think someone else was at fault, Kenny Habetz Injury Law is here to help. Our legal team is ready to investigate what happened and hold the responsible party accountable to recover the money you need. Contact our law office at (337) 399-9000 to schedule a free initial consultation with a personal injury lawyer to discuss your case and legal options.
