How Long Will My Case Take?

If your bills are piling up following an injury resulting from a car crash, medical malpractice incident, or slip-and-fall, you might wonder, “Why is my settlement taking so long?”

The Short Answer: While every case is unique, most personal injury claims take between six months to two years to resolve. Simple claims with clear liability may settle in a few months, while complex litigation involving severe injuries or disputed facts can extend beyond three years.

Here is what you need to know about the personal injury claims process and the factors that could affect your settlement timeline.

The Importance of Legal Support Throughout the Personal Injury Claim Process

Filing a personal injury claim is a challenging process, especially when dealing with insurer tactics designed to protect the company’s bottom line. Insurance adjusters commonly delay the accident settlement process by asking for excessive paperwork or offering lowball settlements, hoping you will accept a quick payment out of desperation.

In situations like these, having legal support can make all the difference. A personal injury attorney knows how to handle insurance company tactics and demand fair treatment. At Salvi, Schostok & Pritchard P.C., we handle the paperwork and deadlines while you focus on healing. We aim to prevent unnecessary delays while ensuring that matters are not rushed at the expense of thoroughness. Rushing can lead to mistakes or missed opportunities for larger settlements.

Personal Injury Claim Timeline

The personal injury claims process involves several key steps. While some overlap, they generally follow this order:

  1. Consultation with a Lawyer Your first step is meeting with a personal injury lawyer to review the accident details and determine if you have a viable claim.

  2. Filing and the Statute of Limitations Your lawyer will ensure your claim is filed within the state’s statute of limitations. This is a strict legal deadline—typically two years in Illinois for personal injury cases—by which you must file a lawsuit. Missing this deadline generally means losing your right to sue, so it dictates the initial pace of your claim.

  3. Investigation of Your Claim Your legal team collects evidence, such as police reports, medical records, and witness statements, to establish fault and document the full extent of your injuries.

  4. Medical Treatment and Recovery (MMI) You must continue treatment until you reach Maximum Medical Improvement (MMI). We cannot accurately value your claim until a doctor confirms your condition has stabilized and identified any permanent impairments.

  5. Negotiation with Insurance Adjusters Your lawyer sends a demand letter and enters negotiations with the insurer. They discuss the compensation needed to cover medical expenses, lost wages, and pain and suffering.

  6. Mediation or Arbitration If direct negotiations stall, the parties may turn to mediation or arbitration. These are forms of alternative dispute resolution that serve as a middle ground between negotiation and a full trial. A neutral third party (a mediator or arbitrator) helps facilitate a settlement, which can significantly expedite the timeline compared to waiting for a court date.

  7. Litigation and Trial If a fair settlement cannot be reached through negotiation or mediation, your lawyer will prepare to take your case to court and argue before a judge or jury.

How Long Should a Personal Injury Case Take to Settle?

Several factors influence the speed of your settlement, including injury severity, insurance tactics, and case complexity. However, different types of accidents often follow different timelines.

Timeline Estimates by Case Type

  • Car Accident Case Duration: Straightforward car accident claims where liability is clear often settle within 6 to 12 months. However, if there are disputes over who caused the crash or if the injuries are catastrophic, the timeline can extend to 18 to 24 months.

  • Medical Malpractice Timeline: These cases are inherently complex and require extensive review by medical experts. Consequently, they take longer than average, typically ranging from 2 to 4 years to resolve.

  • Slip and Fall Cases: These claims often hinge on proving the property owner knew about the hazard. Depending on the evidence available (such as security footage), these cases usually take 12 to 24 months.

Why Does a Lawsuit Take So Long?

If a settlement cannot be reached and a lawsuit is filed, the timeline is largely dictated by the court system.

  • Discovery Phase: Both sides exchange evidence, conduct depositions, and request documents. This is critical for trial preparation but is often the longest phase, taking months or even years depending on the complexity of the case.

  • Court Dockets: Court systems, particularly in major metropolitan areas like Chicago (Cook County), often have packed dockets. In Illinois, the average time from filing a lawsuit to a jury verdict can range from 24 to 36 months simply due to the backlog of cases waiting for a trial date.

  • Motions: Lawyers may file motions to resolve legal issues before trial, which requires time for the judge to review and rule.

Your lawyer will work within the court system, striving to expedite the process where possible while ensuring that your case receives the attention it deserves.

Contact Our Experienced Personal Injury Attorneys for a Free Case Review

Are you dealing with the aftermath of a preventable injury and feeling overwhelmed? Contact Salvi, Schostok & Pritchard P.C. for a free initial consultation. We operate on a contingency fee structure, which means you do not pay any legal fees unless we win your case. This allows you to access top-tier legal representation without worrying about upfront costs. With more than 40 years of experience handling personal injury cases in Chicago, our attorneys have secured more than $3 billion on behalf of our deserving clients. Reach out today to start the conversation.