How long does it take to resolve a personal injury case? Like you, we prefer cases to resolve quickly, but we will never settle a case before the full nature of the client's injuries are known.

How long does it take to settle a personal injury case? Each personal injury case is unique, and the length of time it takes to resolve a case varies. Like you, we prefer cases to resolve as quickly as possible. However, a competent lawyer will never settle a case before the full nature of the client’s injuries are known. This means that the client must have completed their medical treatment.

After completing your medical treatment, your lawyer will move forward with your case:

Step 1: Your lawyer will request your medical records from all treatment providers. Receiving the records may take anywhere from a couple weeks to a couple months from the date of the request, depending on the responsiveness of your medical providers.

Step 2: After receiving all of your medical records, your lawyer will prepare a demand package, which is a letter summarizing the facts of your case, the theory of liability, your injuries, and the amount of damages being requested.

Step 3: The demand package is sent with your medical records and other documents evidencing your damages to the insurance company. Unfortunately, the law does not require the insurance company to respond within a certain period of time, but it usually submits an offer within 30-60 days, depending on the insurance adjuster’s caseload and the complexity of the medical records.

Step 4: After receiving the insurance company’s response, your lawyer can advise you whether the case can be resolved.

If the insurance company’s offer is acceptable to you and your lawyer, the case can usually be settled quickly. The insurance company often sends a check within a few weeks of the settlement agreement, and your lawyer disperses the funds to you and all parties owed; or

If the insurance company’s offer is unacceptable to you and your lawyer, the case may be litigated, or if your case is under a certain value, there is a faster option called Mandatory Arbitration. Resolution is usually within 5 to 8 months. However, the decision is nonbinding. If either party is unhappy with the results, the arbitration decision can be appealed, and the case may still go to trial.

What factors can delay how long it will take to settle a case?

YOUR INJURIES NEEDS MEDICAL CARE THAT IS COMPLEX AND/OR LENGTHY IN DURATION. Your recovery is our priority, so we want to ensure that you receive all the medical care needed to recuperate from the physical and emotional impact of your injuries. The treatment from a serious injury can often be lengthy and ongoing. In order to establish and prove your medical treatment is reasonable, necessary, and related to your incident, you may need multiple doctors to validate and confirm the extent of the injuries through visits, tests, or even surgeries. Each of these appointments may take weeks to schedule, and afterward additional time for your lawyer to request and obtain your results. This can delay your case. However, from a legal standpoint, it is in your best interest not to act too soon and possibly underestimate the extent of your medical needs: past, present, and/or future.

MEDICAL PROVIDERS CAN CAUSE DELAYS. To properly evaluate a case, we need to obtain your records from your treating medical providers such as the hospital/emergency room, surgeon, or physical therapy/rehabilitation facility. Usually, medical providers respond in a reasonable amount of time. However, in some cases, it can take multiple attempts and several months to obtain your records. This can prolong our ability to move the case forward.

THE CLIENT CAN CAUSE DELAYS. Timely communication between you and your lawyer is important for swift and successful case completion. Sometimes, clients inadvertently delay their cases by not responding promptly to emails, phone calls, or letters from their lawyer. Although some items can move forward without a client’s feedback, most require input to continue moving forward. We understand that your time is valuable and priorities can shift, but to resolve your case successfully and in an expedient manner, it is important to respond to our information requests as quickly as possible.

If you or a family member or friend have been injured due to someone else's negligence, give us a call at 253.858.5434 to set up an appointment for a free initial consultation today.