If you were hurt in an accident in Charleston, WV, you may be wondering how long it will take your personal injury case to settle. Every case is different, but most follow the same basic timeline. The time it takes depends on how severe your injuries are, how clear the fault is, and how willing the insurance company is to negotiate. Continue reading to learn more about the timeline for a personal injury case.
Basic Stages of a Personal Injury Claim
Most personal injury cases go through the same general phases:
- Medical treatment: Before settling, you need to know the full extent of your injuries. If you settle too early, you might miss out on compensation for future care. This is why many attorneys wait until you reach maximum medical improvement (MMI) before discussing settlement.
- Investigation: Your lawyer gathers evidence like police reports, photos, witness statements, and medical records. This part can take weeks to months, depending on the case’s complexity.
- Demand letter: Once your injuries are fully evaluated, your attorney sends a demand letter to the insurance company, outlining your damages and asking for a specific settlement amount.
- Negotiation: The insurance company may accept, deny, or counter your demand. Several rounds of negotiation may occur before reaching a fair settlement.
If the insurer refuses to offer a fair amount, your lawyer may file a lawsuit. Even after filing, cases often settle before going to trial.
Factors That Affect Settlement Time
Some cases settle in a few months. Others take a year or more.
Here are the most significant factors that can affect how long your case will take:
- Severity of your injuries: More serious injuries often lead to longer recovery periods. Settling before you finish treatment could shortchange your compensation.
- Clear or disputed liability: The case may move faster if the other party admits fault. The case may drag on if the fault is unclear or disputed, as both sides argue over who’s responsible.
- Insurance company tactics: Some insurers delay on purpose, hoping you’ll accept less money. A skilled attorney can push back and prevent lowball offers.
- Multiple parties: If several people or companies are involved (such as in a truck accident), the case may take longer because more investigation and negotiation are required.
If your case goes to court, the court’s schedule, legal motions, and discovery can slow the process. Trials can take over a year to resolve.
Common Time Estimates
There is no universal timeline, but here are general estimates based on the type of case:
- Minor injuries with clear fault: May settle in 3 to 6 months.
- Moderate injuries or partial fault: May take 6 to 12 months.
- Severe injuries or disputed liability: Often takes 1 to 2 years or more.
Even after a settlement is reached, receiving your payment can take several weeks. Liens (like unpaid medical bills or insurance reimbursements) must be settled before you receive your share.
Can You Speed Up the Process?
You can’t control everything, but there are ways to help keep your case moving:
- Get medical treatment right away and follow all instructions.
- Keep records of appointments, expenses, and how your injuries affect daily life.
- Stay in contact with your attorney and respond quickly when asked for information.
- Avoid talking to insurance companies without legal guidance.
An experienced lawyer can help speed up the process by organizing your case, applying pressure on the insurance company, and identifying early settlement opportunities.
Should You Settle Quickly?
It can be tempting to accept an early offer, especially if bills are piling up. But settling too soon could mean walking away from money you’ll need later. Insurance companies often offer low settlements at the start, hoping you don’t know the full value of your claim. You may miss out on the actual value of the economic and non-economic damages you could have received if you waited.
Your lawyer can help you determine when the time is right. Settling may be the best move if your injuries are fully known and the offer covers your damages. But if your recovery is ongoing, waiting could lead to a much larger payout.
What If Your Case Goes to Trial?
Most personal injury cases settle out of court. However, your lawyer may file a lawsuit if the insurer won’t offer a fair amount. Even then, most cases settle before reaching the courtroom. If your case does go to trial, it could take an additional 6 to 12 months or more.
While going to trial takes longer, it can also lead to higher compensation, especially if your case is strong and your lawyer presents clear evidence of fault and damages.
Don’t Let the Timeline Discourage You
It’s normal to feel frustrated by delays, but a longer case isn’t always a bad thing. In many cases, waiting results in a better outcome. With skilled legal help, you can stay focused on your recovery while your attorney handles the delays and negotiations.
Contact the Charleston Personal Injury Lawyers at Farmer, Cline & Campbell Personal Injury Lawyers for Help Today
If you were injured in Charleston and are wondering how long your case might take, we can help. Contact Farmer, Cline & Campbell Personal Injury Lawyers today at (304) 346-5990 for a free consultation today. Our Charleston personal injury attorneys will explain what to expect and help you move forward with confidence.
