Personal Injury Case Timeline

Claimants usually want to know how long it will take to bring their injury case to conclusion. Since every case is unique and different, there is no single answer to this question, but here are the general guidelines that should help you understand what to expect: 

How Long Will My Case Take? 

• Your attorney will usually do nothing till you are done treating. Once you are done receiving medical care for your injuries or once you reach maximum improvement even if you are not completely recovered, you or your attorney will order and gather your medical records and all the documentation supporting your claim, including documents providing you past and future wage loss due to inability to work or work limitaitons due to your injury, and any documents that can enhance your emotional distress and pain and suffering damages.  Your attorney will make a settlement demand to the insurance company, asking for a certain amount in compensation and attaching documents supporting that demand. It takes the insurance company several weeks to a few months to evaluate the records and then engage in negotiations. If the agreement is reached, then the case is settled. Thus, the quickest the case can be resolved is about 3-6 months from the date the treatment is over.   
• Often, however - especially in cases with more significant injuries that the other side is disputing - the insurance companies will refuse to pay fair compensation, and at that point a claimant may choose to either accept what's been offered or file a lawsuit in court against the driver at fault. At that point, the file is transferred from the insurance company to their lawyers, and the usual civil litigation process begins. Once the lawsuit is filed, the opposing party files and answer within 1-2 months. Then, the parties exchange documents and information about the case, depositions are taken, and the case is referred to a mediation or some kind of voluntary or court mandated settlemetn conference. Most cases resolve at or even before mediation, while some cases go to trial. This depends on many factors, including your position and the other side's position on the case, the financial considerations of both parties, and the respective risks and benefits of foregoing settlemetn and trying the case in front of a judge or a jury.  The whle process from filing a lawsuit forward can take anywhere between 3-6 months to a year or more.

What About Repairing My Vehicle?   

• Your attorney is only handling your injury claim. You will be responsible for handling any claims for damages to your vehicle. Generally, that process is straightforward and simple. If there is a coverage, the insurance company should pay for repairs, or if your vehicle is a total loss - they should issue the payment for a fair market value (FMV) of your car. Like most other settlements, this amount is also somewhat negotiable, so it's worth asking for at least extra $1-$2k of what he insurance carrier will be offering in a total loss situation.  Your attorney should be able to answer any basic question you have about this process.  

What About My Medical Bills and My Credit Rating? 

• It's a very good idea for you to contact our creditors (i.e. hospitals) and inform them that you have a pending case and that you hope that you will be able to pay their bills once your case is settled in order to avoid any collection proceedings against you and/or damage to your credit history. Or, if you are able, you should establish a payment plan even while your case is still pending. As long as you don't ignore your creditors, they should be ok waiting for your case to come to conclusion to get paid for their services.