Q: How Long Will It Take to Complete My Case?

A: The answer to this question varies depending on whether the case proceeds to litigation.  Generally speaking the majority of auto accident cases can be resolved without the necessity of filing suit. Probably 80-90% of car wreck cases are settled without filing suit.  Of the cases that actually enter litigation, many will settle before going to a jury.  Thus, the chances are pretty good that your case will be settled without going thru the entire legal process.

The answer also varies depending on the injuries sustained.  It is generally not practical to try and settle a case before an accident victim has finished treating.  The reason being, it is necessary to know exactly the extent of your injuries AND the amount of your medical bills.  Obviously recovery times vary depending on the severity of the injury.

With that in mind, the majority of soft-tissue personal injury cases can be settled in 3-5 months from the date of accident.  When I say soft-tissue, I am referring to cervical, lumbar, and thoracic sprains and strains.  Cases involving more serious injuries such as fractures or herniated discs (the phrase 'herniated discs' encompasses disc protrusions, extrusions, and bulges) will take longer (between five and eight months), usually because of the neccessity for more extensive physical therapy and rehabilitation.

What if your case does go to litigation?  Well first of all, you are the ultimate arbiter of this decision.  We as attorneys can only offer suggestions based on our experience, but it is ultimately your call.  However, if with your attorney you decide to file suit, you can anticipate your case taking 12-24 months to complete.  Let me reiterate though that even cases that begin litigation are often settled short of going to trial.

One final point of emphasis regarding case-handling times. All of the foregoing depends greatly on your lawyer.  Some lawyers are MUCH more diligent than others.  Some personal injury lawyers can take twice as long to handle cases. 

I can tell you that in my practice in particular, we pride ourselves on the speed with which we handle cases.  I'm not talking about rushing cases.  I am talking about being diligent, expeditious and working with a sense of urgency.  In most cases, much of the leg work can be done while the accident victim is treating.  Thus, when final medical documentation is received it can be incorporated into the demand package and quickly forwarded to the insurance company for review.  From there it is a matter of staying on top of the insurance adjuster to insure the file is getting reviewed.