How Long Will It Take for My Injury Case to Resolve?

Tate Meagher here with the Meagher Law Office. Thanks for joining me today. I’m here to talk about one of the most common questions I get from my clients, and that is, how long is it going to take for my injury case to resolve?

Filing a Lawsuit

The first thing I’d like to look at is whether this is the type of case where a lawsuit is going to have to be filed. If a lawsuit is going to have to be filed, it could take several months to years to get that type of case resolved. The most common types of cases where lawsuits have to be filed include:

1. Dispute Over Liability: For instance, in a car accident, if the other driver is saying that you’re at fault for the accident, a lawsuit will likely need to be filed because there’s a dispute over liability.
2. Disputing Damages: For example, if the other party is claiming that your injuries were not caused by the accident but were pre-existing, a lawsuit may be necessary.
3. Unfair Settlement Offers: If the insurance company is not willing to make a fair offer on your case, a lawsuit might need to be filed to pursue a fair settlement.

Cases That May Resolve Without a Lawsuit

There are three types of cases that might be resolved without filing a lawsuit:

1. Soft Tissue Injuries

Soft tissue cases with no permanent injuries, no fractures, and no surgeries necessary might be resolved without litigation. These cases usually settle once the client has finished treatment. Typically, it might take one to three months after treatment to resolve the case. In general, a case like this may be resolved three to nine months after the accident, depending on when treatment is completed.

2. Catastrophic Injuries with Inadequate Insurance Coverage

In cases where there are very significant or catastrophic injuries but not enough insurance coverage, these cases are often resolved quickly. After the accident, a demand for the insurance policy limits can lead to a faster resolution.

3. Significant Injuries with Adequate Insurance Coverage

In cases with significant or catastrophic injuries and adequate insurance coverage, the client must reach maximum medical improvement (MMI) before negotiating a settlement. MMI means the client has recovered as fully as possible. A doctor must confirm that MMI has been reached and provide an opinion on future medical treatment needs and costs. This process could take several months, especially if surgery and physical therapy are involved.

Reaching Maximum Medical Improvement

For cases requiring MMI, your attorney will:

1. Reach out to the doctor for a written report on your injuries.
2. Determine future medical treatment needs and costs.
3. Present your case to the insurance company only after MMI is confirmed.

This process might involve several months of treatment and recovery, including surgeries and physical therapy, before reaching MMI and moving forward with the case.