Personal Injury Lawyer Answers: How Long Will My Case Take?

I get this question almost every day, whether the person was rear-ended at a stoplight, hurt in a fall at a grocery store, or sideswiped on a motorcycle. How long will my case take? You are juggling medical appointments, missed work, car repairs, and insurance calls. Uncertainty adds stress, and a clear timeline can help you plan your life. The honest answer is that timelines vary, sometimes dramatically. Still, patterns do exist. After handling hundreds of cases as a personal injury lawyer, I can map the pressure points, the common delays, and smart steps that keep a claim moving.

Why timelines vary more than people expect

Two car accidents can look identical in photos and end up with wildly different timelines. The medical arc alone creates divergence. One client heals fully in eight weeks with physical therapy, the next needs a surgery six months later after conservative care fails. Settlement decisions tend to wait until the medical picture stabilizes because you only get one bite at the apple in a bodily injury settlement. If you settle before you know whether that shoulder needs surgery, you own that risk, not the insurance company.

Evidence also ages at different speeds. Some cases come with dashcam footage, immediate witness statements, and clear police fault findings. Others demand accident reconstruction, subpoenaed camera footage that may be overwritten in 30 to 60 days, or expert analysis of a defective part. The more factual disputes, the longer it takes to build a persuasive file. Insurance culture matters too. Adjusters have caseloads and calendars. A straightforward rental car claim may clear in days. Bodily injury adjusters might take 30 to 60 days just to evaluate once the demand package hits their desk. Multiply that by any back-and-forth and the months stack up.

The typical phases, with realistic timeframes

Every case breathes at its own pace, but most follow a pattern. Think of these phases not as a checklist, but as a story arc.

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Initial medical treatment and claim setup. The first 30 to 90 days are about triage. You report the crash, get seen by a doctor, and make sure health insurance and med-pay (if you carry it) are correctly coordinated. If your car is damaged, the property claim usually moves faster than the bodily injury claim. Rental car and repair or total loss assessments often wrap up within two to four weeks, assuming parts and availability. Bodily injury is slower because diagnosis evolves.

Active treatment and monitoring. This is the longest stretch of many cases. If you’re in physical therapy, you may see meaningful improvement within 6 to 12 weeks. If symptoms linger, referrals to specialists can add months. Imaging, injections, or a surgical consult pushes the case toward a longer runway. During this time, a good injury lawyer tracks your progress, makes sure injuries are documented, and captures lost wages with employer verification. We are not idle, but we often wait to value the case until doctors reach maximum medical improvement, or MMI. Sometimes we send an early demand if it’s clearly a soft tissue case with prompt recovery. In other cases, waiting avoids leaving money on the table.

Demand and negotiation. Once treatment stabilizes, we assemble a demand package. This is the story of your case: liability, medical evidence, bills, records, photos, wage loss, and future care needs if any. Gathering full records can take 30 to 90 days, sometimes longer if a hospital uses a third-party records portal or a clinic drags its heels. After sending the demand, most insurers ask for 30 days to evaluate. Some need 45 to 60. Negotiations can last a few weeks or several months. If the adjuster disputes causation or necessity of treatment, we may supplement with a doctor’s letter or lean on objective findings in MRI results.

Litigation. If negotiations stall or the offer is unjustifiably low, filing suit starts the court phase. This is not the same thing as going to trial. Many cases settle during litigation after depositions and some discovery. Filing can be a catalyst because defense lawyers see risk differently than adjusters do. How long does litigation take? That depends on the court’s docket. In busy jurisdictions, I’ve had trial dates set 12 to 24 months out. Discovery often runs 6 to 12 months. Mediation typically occurs midway. Only a small fraction reach a jury, but you should be emotionally prepared for that possibility, because leverage comes from readiness.

Post-settlement or post-verdict logistics. Even after a settlement, funds rarely arrive overnight. Expect 2 to 6 weeks for release paperwork, check issuance, and lien resolution. Medical liens and health insurance reimbursement can stretch that, especially with ERISA or Medicare. A smooth resolution here can speed things by weeks.

Soft tissue versus surgical cases

As a rough rule, minor to moderate soft tissue cases without disputed liability settle within 4 to 9 months, often on the earlier side when care ends quickly and records are easy to collect. Add disputed liability or gaps in treatment and you slide toward the longer end.

Surgical cases take longer. A single arthroscopic knee procedure can extend a case 9 to 18 months because you wait for the surgery, then recovery, then final medical opinions. Multi-level spinal surgeries can extend timelines to two years or more, especially if future care remains uncertain or if you need expert testimony on long-term limitations.

The key is that value comes from clarity. When the medical situation is predictable and documented, settlement follows more quickly. When it is evolving, you are better off finishing the medical journey and presenting a complete picture.

Liability fights, comparative fault, and why they slow everything

Even with good medical documentation, a liability fight can freeze progress. If the other driver says you braked suddenly, or a store claims it had no notice of the wet floor, the insurer delays until it sees depositions, surveillance video, or expert input. States with comparative fault rules allow insurers to discount your recovery by your percentage of fault. A 25 percent fault assessment on a $100,000 case knocks $25,000 off. To push back, we develop evidence early: diagrams, scene photos, vehicle data, and witness statements. If there is a chance traffic camera or business security footage exists, we send preservation letters quickly. Many systems overwrite video within days or weeks. The sooner an accident lawyer gets involved, the more of that evidence survives.

The three bottlenecks I see most often

Medical records delays. Clinics use third-party vendors that require very precise authorizations. A typo or a missing date range can add weeks. We track these requests like hawks, but bottlenecks still occur. If you treat at multiple facilities, multiply the lag.

Lien and subrogation issues. Health plans, Medicaid, Medicare, and providers want reimbursement. Negotiating those liens properly is part of the job. ERISA plans, in particular, can take time to review reductions. A case can settle on paper in May and fund in July because of lien clearance.

Underinsured motorist claims. If the at-fault driver carries minimum limits and your damages exceed them, you might pursue your own underinsured motorist coverage. That means a second evaluation with your insurer. Some carriers handle these fairly and fast, others treat them like contested litigation, adding months.

What a car accident lawyer does to keep the case moving

You can do a lot to help your claim, and your car accident lawyer should be steering the workflow. A disciplined approach prevents avoidable delays and raises settlement value.

Tight medical documentation: Consistent treatment, accurate symptom notes, and prompt referrals matter. We coordinate with providers to ensure your chart actually reflects your reality. Early liability work-up: Scene photos, black box data if available, witness outreach, and preservation letters in the first 7 to 14 days can shave months off disputes later. Strategic timing of the demand: Sending too early risks undervaluing; waiting too long without a reason invites adjuster doubt. The sweet spot is after meaningful medical clarity, not necessarily after every last appointment. Parallel planning for litigation: We prepare as if trial could happen. That posture often moves negotiations because the other side recognizes we can prove the case in court. Lien management from day one: Tracking health payers and provider balances avoids a last-minute scramble that holds your funds hostage.

Settling fast versus settling right

Speed has a price. Insurers know some people are desperate for relief. A quick offer within a few weeks can feel tempting, especially when bills pile up. In my experience, those early offers rarely account for future care, ongoing symptoms, or long-term wage impacts. I’ve seen a claimant accept $8,000 after a rear-end collision, only to need a cervical fusion six months later. The surgery bill alone dwarfed the settlement, and there was no going back. The right time to settle is when the medical trajectory is knowable and documented. The right number is one that reflects both current losses and the credible risk of future ones.

The role of policy limits

Policy limits often cap what is realistically collectable from the at-fault driver. In many states, minimum limits may be $25,000 or $30,000 per person. Serious injuries can blow past that number on the first day in the hospital. If the case involves catastrophic loss and a low limit, a personal injury lawyer may investigate additional coverage: employer policies if the driver was working, permissive user provisions, umbrella policies, or direct actions against third parties like a bar in a dram shop claim. These investigations take time. But if there is only a bare minimum policy with no assets and no other defendants, the timeline might actually shorten because the insurer will tender the limits, and we pivot to underinsured motorist coverage or lien reductions to maximize your net.

Court calendars and the reality of trial dates

Courts are clearing pandemic-era backlogs, but congestion remains in many counties. From filing to trial, plan for 12 to 24 months in a typical personal injury case. Some jurisdictions move faster, others slower. Judges push parties toward mediation. A lot happens between filing and trial: written discovery, depositions, independent medical examinations requested by the defense, motions on evidence. None of that is wasted time. Each step clarifies the risk both sides face, which is why many cases settle after depositions or a strong expert report.

A note on independent medical exams. They are not truly independent. The defense hires a doctor to evaluate you. Scheduling alone can take 30 to 90 days, then another month for the report, and then both sides argue about the findings. Factor that into your timeline if litigation is likely.

What you can do to avoid avoidable delays

Your actions matter more than you might think. Small habits keep a case healthy. Show up for treatment consistently or communicate if you need to pause because of transportation or childcare. Gaps in care open doors for adjusters to argue you healed or your issues are unrelated. Keep documents organized, like pay stubs, tax returns, out-of-pocket receipts, and mileage logs for medical trips. Reply promptly when your injury lawyer asks for updates or signatures. If you move, tell your lawyer and your providers so bills and records do not vanish into the postal void. These mundane steps shave weeks here and there.

Examples from the trenches

A straightforward rear-end collision with no prior back issues. My client finished eight weeks of physical therapy, returned to baseline, and had about $7,500 in medical bills. We gathered records within six weeks, sent a demand, and settled at $28,000 roughly five months post-crash. The driver carried $50,000 limits, so there was room to negotiate. The decisive factor was tight documentation and zero gaps.

A slip and fall on a rainy-day entry mat. The store claimed proper warning cones and regular inspections. We issued a preservation letter on day two. The store’s own camera footage showed no cones for at least 40 minutes and an employee walking past the puddle. That video changed the case. Still, medical care included a torn meniscus and arthroscopic surgery. Total timeline, 14 months. It could have been 24 without the early video.

A motorcycle sideswipe causing a fractured clavicle and rib injuries. The at-fault driver had minimum limits. We pressured a tender quickly and pivoted to underinsured coverage under the client’s own policy. The UIM carrier demanded an examination under oath and an independent medical exam. Timeline extended to 13 months, though liability was clear. Patience and thorough responses ultimately produced a settlement that reflected the surgical scar and ongoing shoulder limitations.

Red flags that your case may take longer

Prior injuries to the same body part complicate causation. They do not kill a case, but they require careful medical opinions and often a look at older records. Low-impact property damage can cause adjuster skepticism even though people can be badly hurt in modest collisions. Sparse documentation, like months without treatment or missing wage proof, slows evaluation. Disputed liability with no witnesses or video sets the stage for litigation. Catastrophic injuries push cases into expert-heavy territory, and expert calendars alone can stretch timelines.

When faster does make sense

Occasionally speed is strategy. If the at-fault driver has a small policy and injuries are already clearly worth more, asking for a quick tender preserves your energy for the underinsured claim where you have more coverage and less dispute over liability. If medical care is basically complete and you have no lasting impairment, spending months chasing an extra five percent may not be worth the stress. And if your financial situation demands a quicker resolution, your lawyer can adjust goals openly: trade a small slice of theoretical value for immediate certainty.

Fees, costs, and how they interact with time

Most personal injury lawyers work on contingency. The fee percentage may rise if suit is filed, reflecting the additional work and risk. Cases that settle pre-suit typically cost less in out-of-pocket expenses too. Expert fees, deposition transcripts, and filing fees add up. That does not mean you should avoid litigation on principle. Sometimes filing yields a better net recovery despite higher costs because the settlement value rises substantially. This is why a good injury lawyer talks in net, not gross. A $120,000 pre-suit settlement with low costs may beat a $150,000 settlement mid-litigation depending on liens and expenses.

Insurance behavior you should expect

Insurance adjusters are trained to request more, not less. They will ask for five years of medical history to explore prior problems. They will question gaps or missed appointments. They might suggest you were fine after two weeks because one note says “improved.” Expect them to ignore unpaid medical bills that sit in collections unless you highlight them. Your attorney’s job is to control that narrative with context and evidence. A car accident lawyer sees these patterns daily and knows when to push, when to supplement, and when to stop feeding the file.

The measured answer

So, how long will your case take? Most minor to moderate injury cases resolve in 4 to 9 months. Cases involving injections or one surgery often resolve in 9 to 18 months. Litigation pushes timelines to 12 to 24 months, sometimes longer in congested courts. Catastrophic injuries can stretch beyond two years because of complex medicine and multiple experts. Those ranges are not hedges. They reflect what happens when medicine, evidence, and insurance each move at their own speed.

A short, practical checklist you can use right now

Seek prompt medical care and follow through, even if symptoms seem mild early on. Save everything: photos, receipts, prescriptions, mileage, pay stubs, and correspondence. Tell your personal injury lawyer about prior injuries so we can address them head-on. Ask your providers to include work restrictions and functional limits in the notes. Keep communication tight: update your lawyer monthly or after any medical change.

Final thoughts from the field

You should not have to become a claims professional after a crash, but understanding the rhythms helps. Healing and proving your losses take time. Patience is not passive, though. It is strategy supported by documentation, early evidence preservation, and clear communication. A seasoned accident lawyer will give you ranges and update them as facts develop. If we see a path to move faster without risking value, we take it. If waiting protects your future, we counsel patience and explain why. That is how you navigate uncertainty with purpose, keep your case on track, and reach a resolution that feels fair when the dust finally settles.