The Short Answer
A personal injury lawsuit can take anywhere from a few months to several years to resolve. On average, most cases settle within 6 months to 1 year, but complex cases may take longer, especially if they go to trial. How long should a personal injury case take to settle? It depends on factors such as the extent of injuries, liability disputes, and negotiations with the insurance company. While some claims resolve quickly through settlement, others require extensive legal action to secure fair compensation.
Key Points
- The severity of injuries affects how long a case takes, as victims should reach maximum medical improvement (MMI) before settling.
- Insurance companies may delay settlements by disputing liability or offering lowball compensation.
- More complex cases take longer, especially those involving multiple parties or unclear fault.
- The amount of damages being sought can impact negotiations, with higher-value claims often facing more resistance.
- Willingness to settle plays a major role—cases that go to trial can take a year or more, while settlements may resolve in months.
- Each step in the process varies in length, with medical treatment, negotiations, discovery, and trial all adding to the overall timeline.
Factors Affecting the Personal Injury Timeline
The length of a personal injury lawsuit depends on several key factors. While some cases settle quickly, others require extensive investigation, negotiations, or even court trials. The following may help set realistic expectations for how long a personal injury lawsuit can take and why some cases take longer than others.
Extent of the Injuries
Injuries play a major role in how long a personal injury case takes. More serious injuries require longer recovery times, making it important to reach maximum medical improvement (MMI) before settling. Settling too early could mean accepting compensation that doesn’t fully cover long-term medical expenses, rehabilitation, or future lost wages.
Cases involving catastrophic injuries such as traumatic brain injuries, spinal cord damage, or permanent disabilities, often take longer. This is because medical evaluations and expert testimony are needed to determine the true cost of the injury.
Insurance Willingness To Pay
Insurance companies often delay settlements to minimize payouts. If the insurer accepts liability and offers a fair settlement early, the case may be resolved quickly. If they deny liability, dispute medical expenses, or make lowball settlement offers, then negotiations may stretch out for months or even years. In cases where the insurance company refuses to pay fair compensation, filing a personal injury lawsuit can be the only way to recover what you may deserve.
Questions of Liability
The process of establishing who is at fault also significantly impacts how long a personal injury lawsuit takes. If liability is clear, the process moves faster. Disputes over who caused the accident can delay the case, requiring:
- Accident reconstructions,
- Eyewitness testimony, and
- Expert analysis.
Alabama follows a pure contributory negligence rule, meaning if you are found even 1% at fault, you may be completely barred from recovering compensation. Insurance companies often use this to deny claims or shift blame, which can extend the timeline of your case.
Your lawyer will work to challenge fault claims, present strong evidence, and protect your right to compensation.
How Long the Claims Process Takes
Below is a breakdown of each stage of the claims process and an estimate of how long a personal injury lawsuit can take at each step. This is only a reference as each case is unique and has a different timeline.
Time Estimate: A few weeks to several months
Before pursuing a settlement, complete medical treatment or reach maximum medical improvement (MMI). This ensures that all medical costs, ongoing care needs, and long-term effects of the injury are accounted for in the claim. If treatment is ongoing or future surgeries are expected, the case may take longer.
Time Estimate: 1 to 3 months
During this phase, your lawyer will gather police reports, medical records, witness statements, surveillance footage, and expert evaluations to build a strong case. The more complex the accident, the longer this phase can take—especially if liability is disputed or additional evidence is needed.
Time Estimate: 1 to 6 months
Before filing a lawsuit, your lawyer will attempt to negotiate a settlement with the insurance adjuster. If the insurer cooperates and offers fair compensation, the case may be resolved quickly. If they deny liability or offer a low settlement, negotiations can stretch out for months or lead to filing a lawsuit.
Time Estimate: 1 to 3 months
If pre-suit negotiations fail, your attorney will file a lawsuit in court, officially starting the legal process. This step involves drafting a complaint, notifying the defendant, and awaiting their response. Some defendants delay responding to stall the case, but once the lawsuit is filed, the timeline is set in motion.
Time Estimate: 6 months to 1 year
Discovery is one of the longest parts of a lawsuit and involves both sides exchanging evidence, conducting depositions, and gathering expert testimony. If multiple parties are involved, or if the case requires detailed expert analysis, discovery can take a year or longer.
Time Estimate: 1 to 3 months
Some personal injury cases go to mediation, where a neutral third party helps both sides negotiate a settlement before trial. If successful, the case can be resolved without going to court. Most personal injury lawsuits are settled without going to trial. If the defendant refuses to agree to a fair amount, the case will proceed to trial.
Time Estimate: A few days to several weeks (but may take 1 to 2 years to reach trial date)
If a case does go to trial, both sides will present arguments, call witnesses, and submit evidence before a judge or jury. While the trial itself may only last a few days to a few weeks, scheduling a trial date can take over a year due to court backlogs and legal procedures.
Our attorneys always help ensure clients are fully prepared for court.
Our Attorneys Can Help Ensure Your Max Settlement
When pursuing compensation, the insurance company’s goal is to pay as little as possible, while your attorney’s goal is to secure the maximum compensation. The time it takes to settle a case depends on how long a personal injury lawsuit takes to resolve, which is influenced by the severity of injuries, insurance negotiations, and whether the case goes to trial.
An experienced attorney will:
- Negotiate aggressively with the insurance company to prevent delays.
- Ensure all damages are accounted for, including future medical care and lost wages.
- Take the case to trial if necessary to fight for full compensation.
While many cases settle in 6 months to 1 year, complex claims may take longer. If you’re wondering how long a personal injury lawsuit takes to settle, the first step is to contact a personal injury attorney today for a free case evaluation and personalized legal advice. From our offices in Millbrook and Montgomery, AL, we proudly serve Selma, Wetumpka, Hayneville, Union Springs, Tuskegee, and the surrounding areas.
