If you or a loved one has been injured, you might be feeling the financial strain. Medical bills pile up quickly, and you may be missing work or the steady paycheck your family member provided. The insurance company will offer you a settlement, and the pressure to settle for fast cash so you can pay your bills can be intense. You’re considering your options and wondering, how long do personal injury cases take?
An experienced lawyer can help you guide you through the process, maximize your compensation by carefully evaluating your case, and negotiating for a better outcome. They can also answer your questions, like: how long might my case take to resolve? What’s the process? When can I expect compensation? It’s important not to rush into a decision. Let’s explore the most common questions, so you can decide how to move forward.
What’s Involved in a Personal Injury Case?
Understanding the steps involved in settling a personal injury case can help you know what to expect—and why some cases take longer than others.
Injury and Medical Treatment
The first and most important step after an injury is to get medical treatment as soon as possible. Not only does this protect your health, but it also provides important records for your claim. Document every visit, test, prescription, and diagnosis, and keep all medical bills, doctor’s notes, and communication with healthcare providers. All of this will be key evidence when your lawyer is calculating the full cost of your claim.
Case Evaluation
Once you’re medically stable and able to contact an attorney, you should get a free case evaluation. During an evaluation, the attorney will ask questions about your case, review any medical records you provide, and discuss other factors to determine whether the other party was legally negligent. You can also ask about their fees at this stage—most work on a contingency basis, meaning they only get paid if you win the case. After the evaluation, the lawyer will tell you whether you have a strong case and how to move forward.
Determining the Claim Amount
If you move forward with your case, your attorney will determine the value of your claim by calculating both economic and non-economic damages. Economic damages are the financial losses you've suffered, such as medical bills, lost wages, and future medical care. For example, if you’ve missed work because of surgery or need ongoing physical therapy, those costs are included. Non-economic damages are for emotional pain and suffering and quality of life. If you can no longer participate in activities you once enjoyed, or your injury caused severe emotional distress, these are non-economic damages.
Demand Letter
Once your lawyer has calculated the full amount of damages, they’ll send a demand letter to the insurance company. This letter outlines the details of your claim, the injuries you suffered, and the compensation you’re seeking. Many cases settle shortly after sending a demand letter, as both sides may negotiate and agree on a fair amount. If you’re able to settle at this stage, the answer to “How long does a personal injury case take?” may be “Not long at all.” However, more complex or high-value claims may not be resolved at this stage.
Filing a Lawsuit
If a demand letter doesn’t get the compensation you’re looking for, the next step is filing a personal injury lawsuit in court. This formalizes the case and moves it toward a possible trial. However, this step doesn’t mean the case will definitely go to court—many cases still settle before reaching trial. Filing a lawsuit begins the pretrial process, which involves gathering more detailed evidence and can take up to a year, depending on the complexity of the case.
Discovery and Negotiation
During the discovery process, both sides gather and exchange evidence to build their case. This process can take months as each side reviews the other’s documents and statements. Discovery helps both sides understand the strengths and weaknesses of the case, and typically leads to further negotiations. Because each side has a better understanding of the case, most claims typically settle during this stage.
Trial
Though most personal injury cases settle out of court, a small number do go to trial. If your case reaches this stage, the trial itself typically takes about a week, though the entire process—from start to finish—can take several months due to scheduling delays, appeals, and other issues. During the trial, both sides present their evidence, and a judge or jury will decide whether you’re entitled to compensation and how much. Trials are usually reserved for more serious cases, such as wrongful death, permanent injuries, or medical malpractice, where a large amount of money is at stake.
How Long Do Personal Injury Cases Take?
Most personal injury cases take anywhere from a few months to over a year, and sometimes several years to resolve. The time it takes to settle a personal injury case varies depending on the complexity. A simple case with clear evidence can take a few months to resolve, especially if it’s settled with a demand letter. More complex cases, especially those involving serious injuries or large sums of money, may take over a year. The discovery process, negotiations, and even court schedules can all impact the timeline.
How Long Does It Take to Get Compensation?
It usually takes at least a few weeks after your settlement is signed for you to receive compensation, and can take over a month. Here’s the process: After the settlement is signed, the insurance company will send a check to your lawyer, who will place the money in an escrow account. Your lawyer will then deduct their legal fees and any medical liens, which are claims from healthcare providers for unpaid medical bills. After these are paid, the remaining money is forwarded to you. It usually takes less than a month, but may take longer if any of the funds are disputed.
What Affects Your Personal Injury Case Timeline?
Several factors can impact how long personal injury cases take. Here are the main things to consider.
Extent of Your Injuries
The more severe your injuries, the longer it may take to assess the full impact on your life. Minor injuries that heal quickly are easier to calculate and settle. However, if your injuries are long-term or involve permanent disability, your lawyer will need more time to gather medical evidence and expert opinions.
Amount of the Settlement
Large settlements take longer to negotiate because insurance companies are more likely to push back or use delay tactics to avoid paying. They might drag out negotiations in order to wear you down into accepting a lower offer. If the delay becomes unreasonable, it may even be considered insurance bad faith. In these cases, your lawyer can take legal action to push the claim forward.
Negotiation Skills
Negotiation is an important part of settling a personal injury claim, and it can take time. Sometimes, neither side is willing to compromise. When this happens, a mediator may be brought in to help resolve the dispute, or the case might proceed to trial. Having an attorney with strong negotiation skills can help move your case forward more quickly.
Need for a Trial
As we mentioned above, although most cases settle out of court, there are times when you’ll need to go to trial. If the insurance company refuses to pay what you’re owed, taking the case to trial might be the only way to get fair compensation, though it can extend the timeline to a year or more.
Maximize Your Compensation with an Attorney
If you’re wondering “How long do personal injury cases take?,” chances are you’re already considering filing a claim—or you’re under pressure from an insurance company to accept a low settlement. Working with an experienced attorney can help you maximize your compensation while also navigating the legal process as quickly as possible. Don’t settle for less than you deserve. Get a free case evaluation and find out how the Oklahoma Injury Guy can help you secure the compensation you need to cover your financial obligations.