You have decided to not sit on your rights, and you have initiated the process of being compensated for your injuries. But, realistically, you need to know how long this process will take. Meeting with a personal injury attorney and collecting receipts and medical reports can get tedious, and you simply just want to know when you will be paid. Your concerns are reasonable.

In short, your personal injury case could take anywhere between 6 months to two years. Let’s discuss some potential timelines for receiving your settlement and the myriad of factors that play a part in delays.

Listed below are the possible instances in which the matter could come to an end:

• Table of Contents

  Toggle

  The possible shortest course of action

The majority of cases are actually settled before trial. Trials are time-consuming, expensive, and are quite uncertain, so this is truly the shortest possible route. This is a route that comes with drawbacks, however. It is not uncommon for the party being sued to give a lowball settlement offer with the threat that a rejection of said offer would be met, with the suit being dragged into court for years.

Of course, you don’t want your personal injury case to extend for years. You might give real consideration to settling your case quickly, even if it means accepting little money.

It is best to retain a personal injury lawyer before even engaging in settlement discussions with the opposing party. They may try to get in your head and make you accept less than you are worth out of fear. Admittedly, it is a game of weighing pros and cons, and an experienced attorney with integrity will advise you whether accepting a settlement at this stage is a good decision.

• Mediation

Depending on just how acrimonious the parties are, settling before trial will be difficult. You and the opposing party may be required to attend mediation if settlement talks fail. An impartial third party intervenes to assist in settling the dispute. Any suggestions made between parties here are not binding, so neither party is required to accept the mediator’s proposed terms. At this stage, the legal costs incurred are still relatively low.

• Trial

The length of your trial depends on a myriad of factors. These are potential reasons for a lengthy trial:

• The number of witnesses;

• The court schedule;

• The number of questions for each witness; and

• The intricacy of the facts in the issue.

Reasons that your Case seems delayed:

• The outcome at trial could go either way

If the party being sued has a good or even arguable defense, they are likely to delay the payment of any settlement and seriously consider taking their chances in court by going to trial.

When consulting your personal injury attorney, you should be advised of the strength of your case. If your attorney believes that the facts as you present them suggest that you may be somewhat liable, the opposing party may be aware of this as well. If they want to avoid trial, they may leverage your potential liability to justify a low settlement payout.

• Parties are unable to agree on damages

Aside from liability, the amount of damages payable could be an issue. The physician who assesses your injuries may not be able to definitively say that your injury was brought on by the other party’s negligence. You may even be asked to see a doctor chosen by the insurance adjuster.

• You are still recovering

If you have the financial means, you should never settle a personal injury case before you have recovered to the point of maximum medical improvement (MMI).

MMI denotes that you have reached the point in your treatment and recovery where you are not likely to improve much more. At this point, you and your attorney are aware of the value of your case. The true nature and extent of your injuries aren’t as evident as they should be if you’re still receiving treatment. At this point, the total cost of your treatment can be quantified accurately.

How Long My Personal Injury Case Could Take If I’m An Immigrant?

The process is pretty much the same for a non-immigrant. The most important thing to remember is that you need to find a good immigration lawyer who specializes in personal injury cases. They’ll be able to guide you through the process and make sure that you get the best possible outcome for your case.