The Short Answer:
One of the most common questions we receive from clients in Massachusetts is “How long will my personal injury case take to settle?” Unfortunately, there’s no fixed timeline for personal injury settlements. It depends on the complexity of the case, the severity of your injuries, and the type of claim. Car accidents involving minor injuries are resolved relatively quickly, while claims with disputed liability or well-defended parties can take years longer if they go to court.
Key Takeaways
- Key factors that can affect the timeline of your personal injury settlement include injury severity, liability disputes, the insurance company, and the type of claim.
- Medical treatment and legal investigations take up to 6 months on average before your claim is filed.
- Your attorney will send a demand letter opening settlement negotiations within a few months after you’re done healing.
- If your case goes to trial, the discovery phase where parties exchange information is often the longest part of the process.
- Once you reach a settlement, it can still take several months for the funds to be distributed. Your personal injury attorney can help to prevent delays and provide regular updates, so you know what to expect.
What Factors Affect Personal Injury Settlement Timelines?
Many factors influence how long it takes to resolve a personal injury case. The facts of the case, the clarity of liability, and the severity of your injuries are the most significant factors. Cases with disputed fault, substantial damages, or multiple defendants often take longer to settle or may proceed to trial.
The severity of your injury can affect your case in several ways:
- Your lawyer may wait until you complete the healing process and reach maximum medical improvement before taking legal action. This helps ensure that your case is fairly valued.
- If you experienced substantial trauma, such as brain or spine injuries, you probably have large medical bills, and the defendant may try to undervalue your claim.
The facts of your case also influence the amount of time it takes to settle. For example, a rear-end accident where the other driver was clearly at fault is more straightforward than a case involving multiple vehicles or shared liability. In premises liability cases, an apartment complex may say that a maintenance provider was responsible for the faulty conditions, which can result in secondary legal disputes.
While many insurance adjusters try to close out claims quickly, others may engage in stall tactics or intentional delays to pressure you into accepting a smaller settlement. If the insurance company is negotiating in good faith, your claim may be resolved faster. If you experienced large financial losses, the negotiation process may move more slowly.
The type of case has a big effect on lawsuit timelines. If your lawyer can negotiate a fair pre-trial settlement, that can speed up the process significantly. Personal injury lawsuits against local, state, and government entities have shorter filing deadlines and require advance notice. Car accident cases are often resolved quickly, while medical malpractice and product liability cases are more likely to go to court.
The Anatomy of a Personal Injury Case: A Step-by-Step Timeline
Each personal injury case must move through a variety of stages, including medical treatment, investigation, negotiation, and discovery, before the claim is resolved. Each phase can take weeks or months. If the case goes to trial, it can add years to the process. In contrast, some simple cases with clear liability settle out of court in a year or less, offering clients a faster outcome with less uncertainty. Here’s what you can expect.
Treatment & Investigation (1-6 Months)
If you experience accidental injuries, the first step is to seek medical care to document the severity of your injuries. If someone else was responsible for the accident, talk to a personal injury attorney as soon as possible to understand your legal rights.
Your attorney can investigate the cause of the accident and secure key evidence while you focus on your recovery. Personal injury lawyers have proven strategies for recovering police reports, photos, video footage, medical records, and witness statements that can establish your claim.
Demand Letter & Negotiations (1-4 months After Healing)
Your attorney will typically wait until you reach maximum medical improvement before sending a demand letter to the defendant or their insurance company. This is to ensure that your attorney can calculate the full value of your claim, including medical care, lost wages, and pain and suffering.
If you have long-term injuries, your attorney may need to send a demand sooner to avoid missing Massachusetts’ 3-year statute of limitations for filing a personal injury lawsuit.
Litigation & Discovery (6-18 Months)
If settlement negotiations aren’t successful, your attorney may file a lawsuit, and the case will enter the discovery phase. Discovery is often the longest part of the litigation process. Both parties exchange information and collect sworn testimony from witnesses. Your attorney may also ask the other side to provide certain documents or evidence. It can take several months for both sides to fully explore the facts of the case.
Mediation (6-18 Months After Filing)
Mediation is typically scheduled 6-18 months after the lawsuit is filed. This step can occur during or after discovery. The mediation process typically takes 1 day or less, but scheduling can be much slower. In most cases, it’s obvious whether or not negotiations will be successful.
Trial (1-3 years)
Most personal injury trials only last for several days or up to a few weeks. However, substantial time is spent on pre-trial motions and evidence preparation. The court’s schedule and the defendant’s legal team can also influence the timeline of your personal injury case.
Disbursement (1-3 months)
Once a settlement or verdict is reached, your attorney may receive payment from the defendant in 30 to 60 days. It can take several more weeks or months for your attorney to pay any medical bills, resolve insurance liens, and distribute the remaining funds to the client.
Related: Understanding the Personal Injury Claim Process
The Personal Injury Settlement Timeline by Case Type
Settlement timelines vary significantly depending on the nature of the case. Auto accidents and slip-and-fall claims often settle fairly quickly due to clear liability and established insurance protocols. On the other hand, medical malpractice and product liability cases can take longer to settle due to aggressive defense tactics and the substantial evidence required.
Car accident claims involving minor or moderate injuries often settle quickly, especially when liability is clear. In most cases, your attorney will wait until you reach maximum medical improvement before filing a lawsuit, so the length of your treatment can also affect the timeline of your personal injury settlement.
Timeline: 4-9 months without litigation
If you required surgery or major medical care after a car or truck accident, your case may take longer to resolve. First, your attorney may not attempt settlement negotiations until your condition is resolved or there’s a clear idea of what medical care you’ll need. Additionally, the larger your financial losses, the more likely it is that the insurance company will dispute the claim or try to minimize your damages.
Timeline: 9-18 months for a settlement, up to 3 years for a lawsuit
Slip and falls and other premises liability cases are often contested. Property owners can use multiple defenses, and it can be difficult to show that the property owner knew or should have known about the hazard.
Timeline: 1-2.5 years
Medical malpractice lawsuits are among the most complex personal injury cases. They require large amounts of technical evidence, including testimony from medical experts. Doctors and hospitals defend these cases aggressively, and claims almost always require a trial.
Timeline: 2-5 years
Note: These are general examples of timelines for different types of personal injury claims. For specific information based on the facts of your case, reach out to Jim Glaser Law for in-depth advice.
How Jim Glaser Law Can Help
At Jim Glaser Law, we understand that delays and slow-moving courts can be frustrating. That’s why we don’t wait for the insurance company to make the first move. We start investigating the facts and building your case starting on day 1. Patience is key. Insurers may want you to accept a low initial offer, so it’s important to give your attorney time to negotiate a better offer. Regular communication can also prevent delays and ensure that your attorney has everything needed to build a strong case.To understand the potential timeline for your personal injury case, schedule a free initial consultation with Jim Glaser Law. There’s no cost and no obligation.
