Many factors determine whether a case can be settled in a matter of months, or a matter of years.
The client affects the duration of a personal injury lawsuit by the length of medical treatment and his/her decision to either settle or to take a risk on a potentially higher recovery resulting from a trial. The length of treatment is important because normally a case should not be settled until the patient has received the maximum benefit of post accident treatment and a long term prognosis for the injury is possible. A fast settlement benefits us as well as our clients, and consequently we strive to negotiate good settlements as quickly as possible. Sometimes, however, despite all our arguments, legal motions, correspondence, investigations, and court appearances, the insurance carrier does not offer an adequate amount for settlement. On these occasions our personal injury attorneys are prepared to go to trial. Naturally the further along a case goes in litigation, the longer we have to deal with the backlog in the courts, and the more time a case will take. Cases that settle without litigation usually do so within six months to a year and a half. With litigation a case can last somewhat longer. Claims with severe injuries usually take longer.