How Long Does a Personal Injury Case Take?

Simple injury claims can settle in a few months. Cases with serious injuries, disputed fault or a lawsuit often take a year or more, and a case that goes to trial can take several years. Here is what happens at each stage and why.

The typical stages

1. Medical treatment. Most lawyers wait until you finish treatment, or reach "maximum medical improvement," before making a demand. Settling earlier risks leaving future costs out.
2. Gathering records. Medical bills, records, wage information and evidence of fault. This can take weeks to a few months.
3. Demand and negotiation. Your lawyer sends a demand package to the insurer, which responds with an offer. Back-and-forth can take weeks or months. Many cases settle here. See should I accept the insurance settlement offer.
4. Filing a lawsuit, if negotiations fail or a deadline is approaching. See personal injury statute of limitations.
5. Discovery. Both sides exchange documents, answer written questions and take depositions. This is often the longest stage.
6. Mediation and settlement. Most lawsuits still settle, often after discovery or at a court-ordered mediation.
7. Trial, for the small share that do not settle, followed by possible appeals.

After a settlement, it usually takes a few more weeks to sign releases, pay medical liens and receive the money.

What makes a case slower

• Serious or long-term injuries that take time to treat or evaluate.
• Disputes over who was at fault.
• Several defendants or insurers.
• A busy court calendar.
• An insurer that makes a low offer and waits.

What makes it faster

• Clear fault and a cooperative insurer.
• Injuries that heal fully.
• Organized records and quick responses from you.

Faster is not always better. A lawyer can tell you whether waiting is likely to raise the value of your claim. See how much is my personal injury case worth.

Find a personal injury lawyer near you.

This guide is general information, not legal advice.