Timelines: What Injured Clients Should Expect:
One of the most often heard questions, and the first question we hear from our injured clients, is very simple and completely reasonable: “How long will my case take?” When medical treatment, lost income, property damage, and everyday bills are all competing for attention and piling up, the passage of time becomes more than an abstract concern. The process can feel long and frustrating.
The short answer is that no two personal injury cases in Delaware follow the same timeline. Each case progresses according to its own facts, including how the injury occurred, the seriousness of the harm, and the overall complexity of the legal issues involved.
Why There Is No One-Size-Fits-All Timeline for Delaware Injury Claims.
Settlement discussions with an insurance company generally cannot begin until the injured person reaches maximum medical improvement, often called MMI. This means the person has either fully healed or reached the point where their condition will not substantially improve with further treatment.
In most cases, reaching MMI takes approximately six (6) to twelve (12) months. Serious injuries take even longer. Once MMI is reached, a case may resolve relatively quickly if the insurance company makes an acceptable settlement offer. In those situations, we begin settlement negotiations and settlement can occur within an additional 90 days or so.
Filing a lawsuit. After litigation begins, it is common for a case to take another year or two. If a fair offer is not made during settlement negotiations, the next step is filing a lawsuit. The litigation process is tedious and can take up to two years. Nevertheless, if you can hold out for that period of time and wait to settle, your award is generally greater than settling earlier. In fact, if you were to settle your case soon after your accident, and before you were done with your medical treatment, you would almost certainly receive less compensation than if you waited until you completed your medical treatment.
- Things That Influence How Long a Case Takes:
Various dynamics influence how long a personal injury case may last from start to finish:
2. How The Accident Occurred and Fault Disputes Impact Case Length.
When the people involved in the accident and/or witnesses to the accident disagree on what happened or who is responsible; then, the case often takes longer. By contrast, when the evidence is clear and undisputed, cases can move faster.
3. Injury Severity and Medical Diagnoses Influence Case Duration.
Catastrophic injuries, life-altering injuries, permanent disabilities, crippling wounds, or debilitating trauma, can extend treatment time and such delays are often necessary to ensure that we fully understand the long-term impact of your injuries. Waiting for a more complete medical recovery allows us to accurately document the full extent of the damages to which you are entitled.
4. Why High-Value Personal Injury Claims Take Longer to Resolve.
When a case involves significant potential compensation, insurance companies will inspect every detail of the medical and accident record causing delays before a settlement offer will be made. Some large companies and retailers have made delay an artform. As a result, where your accident occurred, and who is the defendant, can affect the timeline of your case.
5. What Happens If My Case Goes to Trial?
If a case cannot be resolved through negotiation, it may proceed to trial. Getting a case onto the court’s docket alone can take six months or longer. The trial itself may last days, weeks, or even months depending on the complexity of the issues involved.
Why Accepting a Quick Insurance Settlement Can Be Risky.
Insurance companies understand that injured people may need financial relief as soon as possible. This reality can lead insurers to delay negotiations and later present low settlement offers in hopes that financial pressure will prompt acceptance. While patience is rarely anyone’s favorite virtue, it is often an important one in personal injury cases.
Why Waiting Until Maximum Medical Improvement Matters.
For individuals with serious injuries, waiting until reaching MMI is critical. Settling a case too early can mean underestimating the long-term consequences of an injury. If additional accident-related medical issues arise after settlement, further compensation is no longer available.
Why Early Settlement Offers Often Undervalue Injury Claims.
Settlement offers made early in a case are frequently far lower than what could be obtained at mediation or trial after discovery (a formal process in litigation where both sides disclose the facts and documents about the case that they have in their possession). In some situations, early offers may represent as little as one-third (1/3) of the value of the case at mediation or trial. Consulting with an experienced personal injury attorney before accepting such an offer is a prudent step.
Talk With a Your Personal Injury Lawyer About Your Case Timeline.
Our injury law team is available to answer your questions, explain the process, and advocate for your interests from start to finish.
CALL US AT MCLEAN HIGGINS INJURY LAW – 302-526-1754