How long will it take an injury lawyer to settle my case?

A common question that accident lawyers hear is “how long will it take to settle my case?” When you are dealing with a serious injury, it can cause a great deal of financial hardship. The combination of lost income due to missed work along with medical and other expenses can be extremely challenging – especially when you are already dealing with physical pain and the process of recovery and rehabilitation. Naturally, clients want to see compensation as soon as possible.

While accident lawyers also prefer to see their clients get compensated quickly, this is rarely the case. On average, it will take anywhere between two to four years before a case is settled. In some cases, this happens more quickly and in other cases, it can take longer.


Question: Why Can’t My Case Be Settled Sooner?

When it comes to personal injuries, there are a lot of unknowns at the beginning. Often times the full extent of the injury and what impact it will have on a client’s life is unclear in the days, weeks and months following the accident. The financial impact of your injury may not be predictable at the start – and we don’t recommend settlement until it is.

We do not recommend settlement negotiations until all reasonable treatment options have been exhausted and the “maximum medical recovery” period has been reached. This usually takes at least two years.

Once the maximum medical recovery period has been reached, your doctor will be able to confirm that they do not expect a significant amount of further recovery. At this point, your lawyer can start calculating reasonable compensation amounts for things such as pain and suffering, as well as estimates of future income loss and future cost of care.

While it may seem like a long time for your case to continue, this is the only way for your lawyer to properly calculate an appropriate amount of compensation and ensure that you don’t miss out on much needed funds.

Reasons Why a Case May Be Delayed

Ensuring proper due diligence during a personal injury case may cause a case to take more time than the client would like. There are however, also a number of other reasons why a case might be delayed.

Here are a few of those reasons:

  • How much cooperation your lawyer receives from others involved in the case. This includes doctors and other health care providers as well as insurance adjusters and their lawyers.
  • How quickly your lawyer is able to obtain necessary documents from your doctor, the hospital and other institutions.
  • The time required to arrange assessments and then get the reports from those assessments.
  • Whether or not the insurance adjuster and the defence lawyer are willing to go participate in mediation
  • Scheduling a pre-trial or trial

Personal injuries can be complex and it can take time before your lawyer can determine an appropriate amount of compensation. But it is time well spent to ensure that you get everything that you are entitled to.


Leave a Reply