If you’ve been waiting for a settlement in your personal injury case, you might be wondering why it’s taking so long. The truth is, personal injury claims can be complex, and several factors influence the timeline. While it may feel frustrating, delays often happen because your lawyer is working to maximize your compensation. A rushed settlement can leave you with far less than you deserve.
Manage your expectations by understanding the personal injury claim process and what contributes to delays. Let’s break down the stages of a personal injury case, how long different types of cases typically take, and why patience often lead to a better outcome.
The Personal Injury Claim Timeline
Each personal injury case follows a general process, though the length of each stage may vary based on the details of your case:
Why Does It Take So Long to Settle a Case?
1. Collecting Evidence Takes Time
Your lawyer needs to gather medical records, police reports, witness statements, and other documentation to build a strong case. Some of this information may take weeks or months to obtain.
2. Medical Treatment Must Be Completed
If you’re still receiving treatment, it’s essential to wait until your doctor determines your maximum medical improvement (MMI), which is the point at which your condition has stabilized and is unlikely to improve further with treatment. This ensures that all medical costs and potential long-term effects are factored into your settlement.
3. Insurance Companies Delay Payouts
Insurance companies often drag out negotiations in hopes that you’ll accept a lower settlement. Your lawyer may need to go through multiple rounds of negotiations before reaching a fair agreement.
4. Some Cases Require Expert Testimony
For complex injuries or disputed liability cases, expert witnesses may need to provide reports or testimony, which can extend the process due to the time required to find the right expert, gather their analysis, and schedule their involvement in the case.
5. Court Schedules Can Be Slow
If a settlement isn’t reached, your case may go to trial. Court schedules can be backed up, leading to further delays.
Personal Injury Claim Length by Case Type
Different types of personal injury cases have different average settlement timelines which means every case is different. Here’s a general guide:
Case Type |
Case Length |
|---|---|
Case Type |
Case LengthGenerally 6 to 12 months, longer if complex |
Case Type |
Case Length6 to 12 months, may vary with case specifics |
Case Type |
Case LengthAround 6 to 12 months |
Case Type |
Case Length6 months to several years if litigation |
Case Type |
Case Length1 to 3 years, depending on case complexity |
Case Type |
Case Length6 to 12 months, sometimes longer |
Case Type |
Case LengthTypically within 6 months after reaching Maximum Medical Improvement (MMI) |
Contact Foley & Murphy
Although waiting for a personal injury settlement can be frustrating, it’s important to understand that delays often happen for good reasons. Your lawyer is working hard to make sure you receive the maximum compensation possible rather than rushing to settle for less.
At Foley & Murphy, we are committed to helping our clients through every stage of the process. If you have concerns about your case, our team is here to answer your questions and guide you through the next steps. Contact us today to discuss your claim.
