One of the most common questions personal injury attorneys hear is some version of "how long is this going to take?" The frustrating but honest answer is that the cases that resolve fastest rarely resolve best, and understanding why that is will help you make smarter decisions about your own situation.
The treatment phase (0–12 months post-injury): The most important advice: don't settle until you've reached maximum medical improvement (MMI) — the point at which your condition has stabilised and your future medical needs are known. Settling before MMI means accepting a number before you know your full damages. Insurance companies know this and offer early specifically because it saves them money.
Investigation and demand (months 1–6 post-MMI): Once you've reached MMI, your attorney compiles the demand package — medical records, bills, lost wage documentation, expert opinions, and a demand letter. This process typically takes 30–90 days after records are fully obtained.
Negotiation (1–4 months): Insurance companies respond to demands on their own timeline. Initial responses are almost always significantly below the demand figure. Most cases that settle pre-litigation do so in this phase.
Filing suit (if no settlement): If negotiation fails, your attorney files suit. Most jurisdictions have trial dockets 18–36 months out from filing.
Discovery (6–18 months post-filing): Both sides exchange documents, take depositions, and retain experts. This is the most expensive phase and the one that often drives settlements.
Trial (18–36 months post-filing): Fewer than 5% of personal injury cases go to trial. Those that do face jury verdicts that are genuinely uncertain.
Almost never. Early settlement offers are made before the insurance company knows your full medical picture, which means they're low by design. The only time an early offer is worth considering is when liability is genuinely questionable and you face real risk of recovering nothing.
For personal injury attorney costs in major markets, see our guides for San Francisco, Dallas, and Miami.