After an accident, money may be tight. Unexpected medical bills and other expenses can really put a strain on your finances. Most accident victims want to settle their claims as quickly as possible so they can receive their compensation.
However, a quick settlement often means getting less compensation than your claim is actually worth. There are many factors that can affect how long it might take your case to settle. Some personal injury claims settle within a few months, while others can take a year or longer.
Keep reading below to learn more details about how long it might take your personal injury case to settle.
Personal Injury Case Settlement Timeline
While no two personal injury cases are exactly the same, the overall process from one claim to the next is very similar. On average, here is what you can expect for your case’s timeline.
Medical Treatment and Investigation
Following an accident, you should seek immediate medical treatment for your injuries. Failure to get treatment could minimize the value of your claim because the defense could argue that your injuries were minor. During your treatment, you should always follow your doctor’s orders and keep all your medical appointments.
It is usually never a good idea to settle a personal injury claim until your treatment is finished or you have reached maximum medical improvement (MMI). Settling too early might mean that you don’t yet know the full extent of your injuries, so your future medical care needs might be underestimated. Depending on the severity and extent of your injuries, it could take months for you to reach MMI.
While you are still receiving medical treatment, your personal injury lawyer will typically conduct a thorough investigation of your accident.
This investigation may include steps like:
- Obtaining accident reports
- Interviewing witnesses
- Collecting medical records
- Using experts as necessary
By performing this investigation, your attorney will be able to put a more accurate value on your claim. This will be crucial during the settlement negotiation process.
Initial Demand and Negotiations
Once your lawyer understands the value of your case, they will send a demand letter to the insurance company. The demand will include compensation for both economic damages and non-economic damages.
The insurance company will review the demand and all the evidence in the case. If they determine that the claim is valid, they will typically make you a settlement offer.
Most initial settlement offers are fairly low, and the negotiation process begins. Insurers will attempt to minimize payouts, and your lawyer will attempt to maximize your settlement. There may be several rounds of back-and-forth counteroffers to reach a settlement that all parties can agree to.
Litigation
If a settlement cannot be reached, your lawyer will usually file a personal injury lawsuit. Filing a lawsuit officially starts the litigation process, and discovery is the first phase of that process.
During discovery, the parties will attempt to gather as much evidence about the case as possible using:
- Interrogatories
- Depositions
- Requests for production
- Requests for admission
Once discovery is complete, the parties may again attempt to settle the case. In some cases, they may even be required to use formal methods like mediation in an attempt to settle. Finally, if the parties are unable to resolve the case through settlement, the case will proceed to trial. The litigation process is lengthy and can take 18 months or more, depending on the case’s complexity and the court’s current backlog.
Final Disbursement of Funds
After your case is resolved, the insurance company will require a signed release form. They will then issue a check to your attorney for the final disbursement of the settlement proceeds. Most insurance company checks are processed within 30 days. It may take another one to two weeks to receive your final payout from your lawyer, and that time usually depends on the bank’s check hold policy.
Factors Affecting the Timing of Your Settlement
You may be wondering why some cases settle in just a few weeks while others can take many months. The answer is that every case is different, and there are many factors that will affect how long it takes your case to settle.
Some of the most common factors that will affect how long it takes your case to settle are:
- The severity of your injuries
- Whether there are questions of liability
- The willingness of both parties to negotiate
- The complexity of the accident itself
- Whether there are multiple defendants involved
- The length of your medical recovery
If you want to get an accurate estimate of your case’s timeline, you should consult with an experienced personal injury lawyer. Your lawyer can evaluate all the factors of your claim and offer guidance on how long it might take to settle your claim.
Schedule a Free Consultation With a Houston Personal Injury Lawyer at The de la Garza Law Group Today
Having an experienced lawyer on your side after an accident can help expedite your settlement as well as maximize your compensation. The team at The de la Garza Law Group has 46 years of combined experience and has recovered more than $50 million in compensation for our clients.
Contact our personal injury lawyers today at (713) 784-1010 to schedule a free consultation and let us help you navigate the settlement process.
