How Long Will It Take to Settle Your Personal Injury Claim?

What if you have a personal injury case, and you don’t want it to drag on for months, or even years? You might wonder whether you can just settle your case fast even if you have to accept less money to do it. The answer is yes, you can always settle a personal injury claim quickly, but that doesn't make it a good idea.

The important consideration is how much you'll be giving up. Let's look at why settlement might be taking longer than usual, and why you should probably think twice before taking a quick payment.

Why Is My Personal Injury Settlement Taking So Long?

There are three main reasons why the timeline of a personal injury claim can drag out:

• there are legal or factual questions about your claim
• the case involves a significant amount of money, or
• the nature and extent of your injuries aren't fully understood.

In these situations, your case is simply going to take some time to settle, unless you're prepared to take pennies on the dollar in order to resolve it. Let's take a closer look.

There Are Big Questions With Your Injury Case

What kind of questions are we talking about? The value of a personal injury case is usually driven by two main factors: liability (who was at fault) and damages (how badly was the plaintiff injured).

If liability is hard to prove (for example, the parties and multiple witnesses all say different things), then the insurance adjuster isn't likely to make a reasonable settlement offer until you've demonstrated a willingness to fight—by filing a personal injury lawsuit and hiring liability experts to show exactly how the defendant was at fault.

There may also be problems with your claimed damages. For example, the plaintiff's doctor might be unsure that the defendant’s negligence caused (or was the only cause) of your injuries. Maybe you had a preexisting injury of some kind, or there are gaps in medical treatment which could have made your injuries worse. The insurer isn't going to make a reasonable settlement offer until they're satisfied that your lawyer can produce a doctor to testify that the defendant’s action (or inaction) caused your injuries.

Your Personal Injury Case Involves "Big Money"

Another factor that can delay settlement is if the case involves significant damages (a lot of money). Insurers simply will not pay big money on a settlement until they have done their due diligence. That means investigating every aspect of the case until they are convinced that:

• they don’t have a good defense to your claim
• your injuries are as severe as you say they are, and
• they cannot attack your credibility.

Insurers will sometimes delay settlement on a big case simply to see if the claimant will give up and accept less money. Some claimants can't wait very long for compensation. Insurers know this and will try to wait it out. Get tips on negotiating the best personal injury settlement.

Your Injuries Aren't Fully Understood

Another legitimate reason why settlement might take a long time is that the nature and scope of your injuries aren't yet know. Maybe you're still receiving medical treatment for your injuries, or it's not clear how much treatment you might need in the future. Maybe your doctors are unsure if your injuries will lead to a long-term or permanent disability of some kind.

If you can afford to wait, you never want to settle a personal injury case until you and your lawyer know how to value it. If you are still treating, the full nature and extent of your injuries (and their impact on your life) isn't as clear as it needs to be.

Should You Ever Settle Your Injury Case For "Short Money"

What if you recognize that your case could be worth more if you waited for the proper settlement, but you need the money now? How do you determine what you should settle for?

There are no hard and fast rules about short settlements. The insurance adjuster's settlement offer might be 30 to 40 percent of what you might be offered if your case makes it all the way to the eve of a court trial. If you have a personal injury case, and are thinking that you just want to settle it fast without getting involved in a long litigation process, you should still contact a personal injury lawyer for tailored advice on the risks of a quick settlement.