Mike Hancock is the founder of Hancock Injury Attorneys, a former insurance defense attorney, and an AV-Preeminent–rated lawyer by Martindale-Hubbell, with over 35 years of experience practicing personal injury law.
Key Takeaways
- An Injury Claim May Take Longer: An injury claim may take longer because the injuries require extended medical care.
- Most Personal Injury Claims Don’t Go to Trial: Many claims are resolved through negotiations before a lawsuit is filed.
- A Lawsuit May Take 18 Months to Go to Trial: Once a lawsuit is filed, it may take up to 18 months to reach trial, depending on the court schedule and the case's complexity. Many cases still settle before trial.
After an accident, one of the first concerns many injured people have is how long it will take to resolve their personal injury claim. Medical bills start arriving quickly, time away from work can strain finances, and the uncertainty surrounding the legal process can add even more stress.
Attorney insight on this topic helps clarify a common misconception: many people assume every personal injury claim takes years to resolve. In reality, the timeline varies widely depending on the severity of the injuries, the medical treatment required, and whether the insurance company is willing to offer a fair settlement.
Video Transcript:
How long does a personal injury claim really take? I know being involved in an accident is extremely stressful. You're hurt. You've been to the hospital. You're seeking medical treatment. Your bills are piling up. You may be losing time from work and losing wages. One of the first questions my clients typically ask me is, "How long will this process take?"
Each case is different, but I can tell you they typically fall into different categories. We hope that all of our clients are actually going to get better very quickly. There are some clients who actually do get better within a couple months. And if that's the case, your claim will take at least that long for us to get the medical records and bills and get the doctor's opinions as to what your injuries are and what your prognosis is.
It could range from as little as two or three months to resolve your claim or the next kind of general framework is our clients aren't getting better within two or three months. They're seeking medical care and treatment with other specialists and it may take about four to five months before those specialists are able to provide their opinions as to not only what your injuries are but more importantly what your prognosis is. Is this going to be an injury that is permanent, therefore chronic, and cause you pain for the rest of your life?
Typically, they would be giving us opinions as to what type of medical treatment you're going to need in the future, the duration of that medical treatment, and the cost of that medical treatment. In those types of cases, we like to get those resolved within six to nine months after the accident.
And then there's a third type of case where our personal experience is that we can settle about 70% of all claims without the need of filing a lawsuit. For those 25 to 30% of claims where the insurance company is not willing to pay a reasonable and fair amount to settle your case, then we recommend to the client to file a lawsuit because that gives us the most leverage.
The thing that the insurance companies are most afraid of is a trial. A jury of your peers can decide how much your case is worth. And in Florida, there are standard time frames involved in the resolution of lawsuits. And once we file a lawsuit, the standard time frame to get from the filing of the lawsuit to trial is 18 months. And that's by court order.
We can sometimes resolve cases in as little as two to three months and sometimes it may take a year and a half if we go all the way to trial. So, I hope this gives you a better idea of the time a personal injury lawsuit or personal injury claim may take to resolve.
If you have any other questions regarding the personal injury claim process and the length involved in that, please give me a call at 813-915-1110. I'd be happy to consult with you and answer any questions you might have. The consultation's always free and we can do it over the phone.
How Fast Can a Personal Injury Case Settle in Florida?
Some injury claims move relatively quickly. When a person recovers within a few months, the claim may be resolved shortly after doctors finish treatment and medical records and bills are gathered. In these situations, it may take as little as two to three months to evaluate the injuries, determine the prognosis, and negotiate a settlement.
Why an Injury Claim May Take Longer
An injury claim may take longer because the injuries require extended medical care. When specialists become involved, they often need several months to evaluate the condition and determine whether the injury will have long-term effects. Doctors may also need to assess future medical needs, including ongoing treatment, therapy, or procedures. In these situations, cases commonly resolve within six to nine months after the accident once the full medical picture becomes clear.
Another factor that significantly affects the timeline is how the insurance company responds. Many personal injury claims are settled without filing a lawsuit. However, when an insurance company refuses to offer reasonable compensation, filing a lawsuit may become necessary.
How A Lawsuit Can Affect The Length of A Personal Injury Claim
Once a lawsuit is filed, the process becomes more structured. Courts set timelines that guide the case through discovery, negotiations, and potential trial preparation. In many jurisdictions, it can take up to 18 months from the filing of the lawsuit to reach a trial date. Some cases still resolve earlier through negotiations or mediation, but others may proceed all the way to trial if the parties cannot reach an agreement.
These timelines highlight why patience is often necessary in personal injury cases. Rushing to settle before doctors fully understand the long-term effects of an injury can result in accepting less compensation than the claim is truly worth.
How an Experienced Personal Injury Attorney Helps
An experienced personal injury attorney plays a critical role in guiding clients through this process. One of the most important responsibilities is gathering medical records, expert opinions, and documentation that clearly demonstrate the extent of the injuries.
Attorneys also handle negotiations with insurance companies, which often attempt to settle claims quickly and for less than their true value. By building a strong case and, when necessary, filing a lawsuit, an attorney creates the leverage needed to pursue fair compensation.
Equally important, an attorney helps ensure that future medical costs, lost income, and long-term impacts are fully considered before resolving a claim.
Take Action Today: Protect Your Rights After an Accident
If you’ve been injured and are wondering how long your personal injury case may take, speaking with an experienced attorney from our firm can provide clarity and direction. They can evaluate your situation, explain the likely timeline, and help you pursue the compensation you deserve.
Call us at 813-915-1110 to schedule your free case consultation with one of our experienced attorneys today.
FAQs
Q: How long does a typical personal injury claim take?
A: Some claims resolve in as little as two to three months if injuries heal quickly. Others may take six to nine months or longer, especially when ongoing treatment is needed.
Q: Why do some personal injury cases take longer than others?
A: The timeline often depends on how serious the injuries are, how long medical treatment lasts, and whether the insurance company agrees to a fair settlement.
Q: Do most personal injury cases go to trial?
A: No. Many claims are resolved through negotiations before a lawsuit is filed. However, a lawsuit may be necessary when the insurance company refuses to offer reasonable compensation.
Q: How long does a personal injury lawsuit take if it goes to court?
A: Once a lawsuit is filed, it may take up to 18 months to reach trial, depending on the court schedule and complexity of the case. Many cases still settle before trial.