How Long Should A Personal Injury Case Take To Settle?: Trial And Case Process – Guest Post

You have been rear-ended by a car or slipped on a commercial space due to wetness. In such moments, you might think of filing a personal injury lawsuit. But the question that can bother you is, “How long should a personal injury case take to settle?”
Although the settlement period for personal injury cases isn’t definitive, it can take anywhere from a few months to a few years. Out-of-court settlements usually settle within 3 to 6 months. However, complex personal injury cases can take 2 to 5 years for settlement.
The time required to settle personal injury claims depends on the case’s complexity, the claimed amount, and the involved parties.
How Long Should A Personal Injury Case Take To Settle?
When filing personal injury lawsuits, people are often concerned about the time it takes. No doubt, personal injury cases take time to settle, often years. You can expect that personal injury cases will be settled within 3 months to 2 years. It applies to auto accidents, property damages, workplace injuries, and dog bites.
However, medical malpractice and wrongful death cases might take 2 to 5 years, or even more.
Reality of Personal Injury Case Timelines
You must understand that there’s no single “average” for personal injury cases. The resolution can take a few weeks for minor cases. It applies to clear-liability incidents such as rear-end and hit-and-run cases. However, complex and major injury claims can take several years.
Simpler cases where the fault is clear are often resolved quickly during the pre-litigation phase. For example, consider a basic fender-bender with soft-tissue injuries. Here, police can find the at-fault party with ease, and the personal injury lawyer can negotiate to resolve it fast.
On the other hand, wrongful death, catastrophic losses, or disputed liability move slowly. It needs meticulous investigation and extensive negotiation that often can last for years.
What’s more important, personal injury settlements usually don’t begin until the injured person has reached Maximum Medical Improvement (MMI). It is proof that the medical condition of the injured person is now stable. So, he can make decisions for legal procedures.
Also, the legal team can calculate the costs for medical treatment and physical injuries better as they wait for MMI. When the legal team tries to settle it too soon without knowing the details of the injuries, the actual compensation amount could be inaccurate. It might fail to cover your lifetime treatment expenses.
Core Factors Influencing Case Duration
When you ask, “How long do personal injury cases take?”, it depends on many factors. The time required to settle personal injury cases depends on the complexity, disputed liability, and parties involved.
Severity and Complexity of Injuries
Nearly 4,00,000 personal injury claims are filed in the US. Many of them involve severe injuries, such as traumatic brain injury (TBI), spinal cord damage, or severe burns. So, naturally, these injury-related personal injury claims take longer.
It’s because severe injuries need long-term prognoses from multiple medical experts. It includes vocational rehabilitation and life-care planners. So, they can accurately calculate your future financial losses that would then be included in your compensation claims.
Disputed Liability (Who is at Fault?)
The time required for a personal injury case settlement could be longer if the defendant denies fault. Also, it lengthens if they claim comparative. So, the plaintiff would have to prove that they were not partially at fault. It further prolongs the time for case settlement.
Conversely, it is easier to prove a clear-cut rear-end collision than an industrial accident. The workplace accident involves multiple contractors. So, the case becomes complicated. Also, product liability claims are filed against big conglomerates. So, it can easily go up to 3 to 5 years.
Number of Parties Involved
The time for settling personal injury cases also depends on the parties involved. At times, there could be multiple defendant cases involving:
- Multi-car pileup
- Cases that involve a manufacturer, distributor, and retailer
Multiple parties can complicate the process. Each party has its insurance company and legal counsel. So, your personal injury attorney will have to negotiate with different insurers.
What Kind of Cases Do Injury Lawyers Handle?
Expert lawyers for personal injury cases handle all claims involving individuals who suffer physical, emotional, or mental harm. The suffering could be due to the negligence, recklessness, or intentional misconduct of another party.
These cases are different from criminal cases, such as theft and robbery.
| Case Type | Types of Accidents Under this Category |
| Motor Vehicle Accidents | Car accidents, truck accidents, motorcycle accidents, bicycle accidents, drunk driving accidents, boating accidents, etc. |
| Premises Liability | Slip and fall accidents, trip and fall accidents, injuries from falling objects, dog bites or animal attacks, etc. |
| Medical Malpractice | Surgical errors, misdiagnosis, medication errors, pharmaceutical errors, etc. |
| Product Liability | Injuries from defective or dangerous products due to a design flaw, manufacturing defect, or inadequate warnings. |
| Workplace Accidents | Injuries on construction sites, industrial accidents, repetitive stress injuries, etc. |
| Intentional Torts | Deliberate assaults, battery, false imprisonment, libel, and slander. |
| Wrongful Death | A fatal accident due to the negligence or wrongful act of another party. |
How Long Do Personal Injury Cases Take?
Personal injury cases can take anywhere between 2 months to 5 years. It includes investigation, pre-litigation, and court trials.
| Case Phase | Time Required |
| Phase 1: Pre-Litigation (The Initial Claim) | Investigation and Evidence Gathering: 1–6 months
Demand Letter and Initial Negotiation: 1–3 months |
| Phase 2: Litigation (Filing a Lawsuit) | Filing the Complaint: Usually 20 to 30 days for a response
The Discovery Phase: 6–18 months |
| Phase 3: Trial (If Necessary) | Trial duration and post-trial appeals take 1–2+ years |
What Percentage of Personal Injury Cases Go To Trial?
Most people think that all personal injury claims go to trial. But that’s far from the truth. Only 3% to 5% of all the personal injury claims in the US go to trial. So, most cases are settled out of court.
That’s why you must hire a professional and experienced injury lawyer to negotiate and settle your claims quickly. An out-of-court settlement will save time and money, too. It will also save you from mental stress.
Frequently Asked Questions (FAQs)
- How quickly can I get paid after a settlement is reached?
Once a settlement agreement is formally signed, the insurance company will deposit the amount into your account within 30 to 60 days.
- What is the statute of limitations for personal injury claims?
The statute of limitations in most states is usually 1 to 3 years for accidents and wrongful deaths. For medical malpractice and product liability, the statute of limitations is typically 1 to 2 years and 2 to 4 years, respectively.
- If my case goes to trial, how long will the trial itself last?
A personal injury trial’s duration depends on its complexity. However, civil lawsuits for personal injury claims are settled within a few months once the court trial starts.
Conclusion
How long should a personal injury case take to settle? An out-of-court settlement can take around 3 to 6 months for most accident cases. However, complex cases such as product liability and medical malpractice are often settled through litigation. They can take 2 to 5 years for actual settlement. You must hire an expert injury lawyer for your case for a fast and accurate settlement of your claims.



















