How Long Does It Take to Resolve a Personal Injury Claim?


Because each case is different, the amount of time it should take to settle a claim will be heavily dependent on the unique circumstances of a particular case.  For this reason, an injury claimant’s own past experience and those of her family and friends are usually a poor gauge of how long her present claim should take to resolve.     

Establishing Damages

The insurance companies love to settle with unrepresented claimants by offering to pay X dollars for future medical care as part of the agreement.  Many of these claimants end up with buyer’s remorse when they discover that while the agreement covered some of their needed medical care, it did not cover everything and they cannot go back for additional compensation.  For this very reason, it is not a good idea to settle your claim before you understand the full extent of your damages in most cases.  (There are exceptions to this rule, which your attorney should explain to you if an exception applies in your case).  For an injury claim, you often cannot understand the full extent of your damages before exhausting your treatment options.  For some, the road to recovery is long and can take months or even years. 

Statute of Limitations

All Personal Injury causes of action have an applicable statute of limitations: this is a deadline by which you must either settle your claim or file a lawsuit and if you fail to do so, your claim will be forever barred, no matter how meritorious it may have been.  As a Personal Injury Claimant, you should be aware of the shortest statute of limitations which applies in your case and don’t be afraid to ask your attorney about her plan of action to either settle your claim or file a lawsuit before the statute of limitations expires in your case!    

Filing a Lawsuit or Not?

Filing a lawsuit is not the best course of action for every case.  More often than not, you should expect your case to take longer to resolve if you file a lawsuit than if you settle without suing.  Why?  It can take up to a year from the time the defendant in your case files an answer to your complaint  to the time you actually reach trial.  It’s not the fault of your lawyer, either.  The amount of time in between has a lot to do with the amount of discovery required in your case (which is essentially a process of exchanging information) and the other present demands on the court to which you are assigned. 

If you are unsure about the amount of time it should take to resolve your case, ask your attorney.  While she generally cannot make promises of exact dates by which things will be done, she should be willing to give you rough estimates and explain why those timelines apply given the unique circumstances of your case.  Unlike some other Personal Injury attorneys, the Colorado Springs Injury Attorneys at Rosenbaum & Wootton, P.C. will take the time to answer questions like these when you retain us to represent you for your injury claim and throughout the process.  Call us at 719.634.0102 or click on this link to schedule your FREE INITIAL CONSULTATION.

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