One of the first questions clients ask their attorneys is: “How long will this take?” The honest answer depends on many factors, but here is a realistic guide to typical timelines.

The Short Version

Minor cases with clear liability and limited injuries: 3-6 months. Moderate injuries with some dispute over fault or damages: 1-2 years. Serious injuries, multiple parties, or disputed liability: 2-4 years or more if the case goes to trial.

Stage by Stage

1. Medical Treatment (Ongoing)

Before any attorney should finalize a settlement demand, you should have completed medical treatment or reached what is called maximum medical improvement (MMI) – the point at which your condition is stable. This is critical because you cannot know the full value of your claim until you know the full extent of your injuries.

2. Investigation and Evidence Gathering (1-3 months)

Your attorney will collect police reports, medical records, witness statements, surveillance footage, and any other evidence needed to build your case.

3. Demand Letter and Negotiation (1-6 months)

Once medical treatment is complete, your attorney sends a formal demand letter to the insurance company. Negotiations typically follow. Many cases settle at this stage.

4. Filing a Lawsuit (If Needed)

If negotiations fail, your attorney files a lawsuit. This adds significant time to the process – typically 1-2 additional years before trial due to court scheduling.

5. Discovery (6-18 months)

Both sides exchange information – documents, depositions, expert reports. This phase often prompts settlement.

6. Trial

If the case does not settle, trial typically lasts days to weeks. Verdicts can be appealed, adding more time.

What Speeds Cases Up?

Clear liability (no dispute about who caused the accident); cooperative insurance company; well-documented injuries and damages; experienced attorney with a reputation for trial readiness. About 95% of personal injury cases settle before trial – patience and preparation are often the most powerful negotiating tools.