The timeline for settling a personal injury case can vary widely, typically from a few months to several years. Various factors can influence the duration of the settlement process, which our Los Angeles personal injury lawyers will cover below.
It can be frustrating when your case takes a long time to settle, but having a lawyer is the fastest way to get it done if you want fair compensation. With a lawyer on your side, the insurance companies know they may face a lawsuit if they don’t cooperate.
What Factors Affect How Long a Personal Injury Case Takes to Settle?
Four common factors affect how long a personal injury case takes to settle.
The Severity of Your Damages
If you have compensatory damages that demand a high settlement amount, this will make your case last longer. The higher your potential settlement amount, the harder the insurance company will negotiate.
Insurers want to pay as little as possible, so they will question your need for so much compensation. You may be advised to wait on a settlement until you reach maximum medical improvement so the total value of your injuries is known before settling.
Insurance Company Cooperation
Not all insurance companies negotiate in good faith. There would be much less need for personal injury lawyers if insurers always paid the full and fair amount of an accident claim. Some of the tactics they may use include:
- Quickly offering a settlement much less than what you truly deserve, in the hope you’ll settle before you know the full value of your case.
- Drag out the negotiation process to drain your savings and put financial pressure on you.
- Contest their liability, which will draw out negotiations.
Legal Complexities
Sometimes, the insurance company won’t settle, and you’ll have to file a lawsuit. The insurers know they could lose much more than they’re willing to pay if they lose a case, so they may be much more likely to settle once a lawsuit begins. Only a small percentage of cases go to trial.
Other legal complexities can also make settling a personal injury case much longer. For instance, the more parties involved in an accident, the more complicated the negotiations. This is why class actions and mass tort cases exist to speed up the process when many people are injured.
The Stages of a Personal Injury Case
There are several stages in a personal injury case. Knowing them can help you understand where you are in the process of your case.
Initial Investigation and Medical Treatment
Depending on your recovery time, this phase can take a few weeks to several months. It involves:
- Gathering evidence from the accident scene
- Obtaining documentation of your damages
- Assessing the full extent of your injuries
Demand and Negotiation
Once your medical condition stabilizes, your attorney will:
- Prepare a demand letter outlining your case
- Submit the demand to the insurance company
- Engage in negotiations for a fair settlement
This process will take at least several weeks. The insurance company will assign an adjuster to your case, and they will investigate what happened as part of their due diligence. Once that’s done, your lawyer and them will negotiate a settlement offer.
Litigation (If Necessary)
If a fair settlement can’t be reached through negotiation, your case may proceed to litigation:
- Filing a lawsuit
- Discovery process
- Depositions and expert testimonies
- Potential mediation or arbitration
Litigation can take several months to a few years, depending on court schedules and case complexity. Once a lawsuit is filed, the court plays a significant role in how fast or slow your case goes.
Can Anything Speed Up the Process?
There are steps you can take to speed up the process of negotiations:
- Seek prompt medical attention and follow all treatment recommendations.
- Maintain detailed records of your injuries, treatments, and expenses.
- Hire an experienced personal injury attorney early in the process.
We understand that financial pressures can mount while waiting for a settlement. Focusing on a fair settlement rather than a quick one is better because it often leads to better long-term outcomes.
Why Choose Omega Law Group for Your Personal Injury Case?
At Omega Law Group, we’re committed to efficiently handling your case while pursuing the best possible outcome for your settlement. Here’s what sets us apart:
- Client-focused approach: We provide personal attention like a boutique law firm.
- Always available: Our team ensures someone is always there when you need us.
- Modern solutions: We embrace cutting-edge technologies to streamline your case.
- Proven track record: With decades of experience and millions won for our clients, we know how to navigate complex cases.
Ready to Move Forward with Your Case?
While the timeline for settling a personal injury case varies from case to case, having the right legal team on your side can improve the speed and the amount you can receive. Contact Omega Law Group today to discuss your personal injury case.