Clients frequently ask us how long it will take to resolve their personal injury claim. The answer depends on several factors. First and foremost, no settlement discussions can begin until the client’s injuries have completely healed. This is done because a personal injury settlement, once reached, is final. In other words, if an individual settles a personal injury claim for $1,000.00 with the belief that he/she has a sore back and later finds out that he/she has a herniated disc requiring $10,000.00 surgery, the person cannot reopen negotiations and request more money — it is over. Once a client’s injuries are healed, we obtain all the medical records, medical bills, and lost wage information. It generally takes about one month to obtain all the necessary documentation. At that point, we assess the case and determine what we believe is the settlement value of the case. After obtaining client consent on the settlement value, we put together a settlement package and send it to the insurance adjuster. We request that the adjuster respond to the demand within a specific period of time — generally ten days to thirty days depending on the complexity of the case. Adjusters typically call within the time requested and make a counter offer to our settlement demand. If the counter offer is reasonable, we will continue negotiating in the hopes of resolving the case without litigation. If the counter offer is not reasonable, or if it appears that further negotiations will be fruitless, we file suit in the appropriate county.
Once suit is filed the case is in “discovery” for six months. That is, each side gets to asks questions in writing and in person. The written questions are called “interrogatories” and “request to produce documents”, and the in person questioning is called a “deposition”. Once discovery is over, the case gets placed on a trial calender and then we wait our turn to go to trial. The litigation process usually takes about a year.
