How long should a personal injury case take to settle?

Monday, September 30, 2024

How long should a personal injury case take to settle?

Written by Malman Law, reviewed by Steve J. Malman.

If you slip and fall in a store or get into a car accident, you might have the right to seek compensation for your injuries or losses through a personal injury case. Personal injury cases help people get the financial support they deserve when they’ve been hurt because of someone else’s negligence. 

If you or a loved one has been injured due to negligence, an Illinois personal injury attorney will fight to get you the compensation you need to recover and move forward. How long your case might take will depend on your individual circumstances.

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The Timeline for Settlement Negotiations

When you’re trying to get compensation for your injury, the first step is usually for your attorney to work with the insurance company of the liable party and engage in settlement negotiations. Here’s how negotiations usually go:

• First, your lawyer sends a demand letter asking for money. This can take a few weeks to draft.
• The other side might take some time to investigate and respond.
• Then, there’s usually a lot of back-and-forth negotiating. This can take a few months.
• If everyone agrees on how much money you should get, great! The case is settled.
• If not, you might have to go to court.

Every case is different. Some might settle in a few months, while others could take a year or more.

The Timeline for Court Action

If you can’t agree on a settlement, you might have to file a lawsuit in court. This process  takes longer:

• Your lawyer files a lawsuit, which starts the clock on your case.
• The other side has about a month to answer.
• Then comes “discovery.” This is when both sides share information, which can take about six months to a year.
• There might be some meetings with the judge to talk about the case.
• If you still can’t agree, you go to trial. This could be a year or two after you filed the lawsuit.

Going to court can take a long time, but sometimes, it’s the only way to get what you deserve.

Timelines for Different Types of Cases

Different kinds of personal injury cases can take different amounts of time:

• Car Accidents: These often settle in several months but can take up to two years or longer if you go to court.
• Slip and Falls: These might take six months to a year to settle or up to two years in court.
• Medical Malpractice: These are often complicated and contested, so often years to resolve.
• Work Injuries: These claims can be quick if your employer’s insurance cooperates with workers’ comp, or it can  take much longer if they challenge your claim.

The more complicated your case is, the longer it usually takes.

Awaiting the Resolution of Your Case

Waiting for your case to wrap up can be difficult and stressful. But here are some things to remember to be patient. Rushing can mean you get less money than you deserve.

• Keep talking to your lawyer. They can tell you what’s happening with your case.
• Don’t give up! Sometimes, cases take a long time, but that doesn’t mean you won’t win.
• Take care of yourself. Focus on getting better while your lawyer handles the legal stuff.

Frequently Asked Questions

Why Is My Car Accident Settlement Taking So Long?

Car accident settlements can take a while for a few reasons:

• You’re still getting medical treatment, so it’s hard to know how much money you need until you’re all better.
• The insurance company is being slow. Sometimes they take their time hoping you’ll give up.
• There’s a disagreement about who caused the accident. This can take time to figure out.
• You’re asking for a lot of money. High-value cases often take longer.

If you’re worried about how long it’s taking, talk to your lawyer. They can explain what’s happening and why.

How Long Will a Car Accident Lawsuit Take?

If your car accident case goes to court, it can take longer, as most car accident lawsuits take 1 to 2 years from start to finish. Some might settle quicker, maybe in 6 months to a year, but complicated cases with catastrophic injuries might take much longer.

How Long Will My Medical Malpractice Lawsuit Take?

Medical malpractice cases are some of the most complicated, and these cases often take years from start to finish. There’s usually a lot of “discovery,” where both sides look at medical records and talk to medical experts.

The most important thing is to be patient and let your lawyer do their job. They are working to get you the money you need to recover, which can sometimes take time, but it’s usually worth the wait.

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases.

STEVE J. MALMAN

Founding Attorney

Contact An Illinois Personal Injury Attorney for Your Injury Settlement Questions

If you or a loved one has been hurt because of someone else’s negligence, talk to an Illinois personal injury attorney from Malman Law. We will guide you through the process, explain what to expect, and make sure you get the help you deserve. Call us at (312) 629-0099, or contact us online for a free case review.