People who are seriously injured in an accident due to the negligent behavior of another may face significant challenges. The injured person may require surgery, hospitalization, or a lengthy recovery involving significant pain and suffering. These challenges can also result in time away from work and mounting medical bills. Trying to manage a personal injury claim to recover a settlement can seem impossible under these circumstances.
That’s where a personal injury attorney comes in. A personal injury attorney manages the legal and insurance aspects of the personal injury claim so you can focus on recovery. One question that many injured people have is how long it takes to negotiate a personal injury settlement.
There is no standard timeline for resolving a personal injury claim. Some cases may settle within a few months, while cases involving serious injuries, disputed liability, or lengthy medical treatment can take a year or longer. The severity of your injuries, the amount of compensation at stake, whether liability is disputed, and the insurance company’s willingness to negotiate can all affect how long the process takes.
If you or a loved one is navigating the recovery process after a terrible accident, you do not need to handle the personal injury claim on your own. Injured people are represented on a contingency fee basis, which means that you do not pay attorney fees unless your attorney successfully recovers compensation for your claim.
A Step-By-Step Timeline For Negotiating Personal Injury Settlement
Most personal injury claims follow a similar process, but the amount of time required for each step can vary significantly. The following timeline provides a general overview of what you can expect, but keep in mind that some of these steps may overlap:
- Initial Consultation
Your personal injury lawyer will meet with you to discuss the details of your case. The lawyer will then evaluate your case to determine whether you have a valid personal injury claim.
Approx. time: 2 weeks
- Investigation
Once your attorney has determined that you have a valid claim and you have hired them to handle your claim, the investigation can begin. Your lawyer will look into the circumstances that caused your injuries, determine who is potentially liable, and gather evidence to build a strong case including interviewing witnesses and gathering photos and any relevant documents.
Approx. time: 1 to 3 months
Typical cumulative range: 1.5 to 3.5 months
- Medical Treatment and Case Evaluation
In the meantime, you should continue receiving medical treatment for your injuries and follow your doctors’ recommendations. Your attorney will monitor your recovery and gather medical records and bills to document your injuries and financial losses. In many cases, your attorney will wait until you have reached maximum medical improvement or your future treatment needs are reasonably clear before making a settlement demand. This allows your attorney to better understand the full extent of your injuries, medical expenses, lost wages, pain and suffering, and other damages.
The length of this stage depends largely on the severity of your injuries and how long you need treatment. Some people may recover within a few months, while serious injuries may require treatment for a year or longer.
Approx. time: 3 months to 1 year or longer
Typical cumulative range: 4.5 months to 1.5 years or longer
- Demand Letter and Negotiation
Once your attorney has enough information about your injuries, medical treatment, lost wages, future care needs, and other damages, the negotiation process can begin. Your lawyer will send a demand letter to the at-fault party (typically their insurance provider) and begin negotiating a settlement. This process can take several months, depending on whether an agreement is reached and how quickly it happens.
Approx. time: 1 to 4 months or longer
Typical cumulative range: 5.5 months to 1 year and 10 months or longer
- Settlement and Payment
Once you and the insurance company agree on a settlement, your attorney will help complete the necessary settlement documents and obtain the settlement funds. Before you receive your portion of the settlement, your attorney will typically pay any outstanding case-related expenses and resolve valid medical liens or other claims against the settlement. The attorney’s fees and expenses are also deducted according to your fee agreement. Once these obligations have been resolved, your attorney will provide you with the remaining settlement funds.
Approx. time: Several weeks to a few months
Typical cumulative range: 6 months to 2 years or longer
If the at-fault party refuses to agree to a reasonable settlement or drags out settlement negotiations by acting unreasonably or in bad faith, your personal injury attorney may need to take your case to court. Litigation can take a year or longer to resolve. Click here to learn about the timeline for a personal injury lawsuit.
Seek the Help of a Personal Injury Lawyer
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! Since 1979, our personal injury law firm, Tario & Associates, P.S., has been dedicated to fighting for the rights of people injured throughout Washington State, with local offices in Bellingham and Mount Vernon to serve residents of Whatcom, Skagit, Island, and Snohomish counties. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
