Personal injury claims can settle in as little as a few weeks or stretch on for several years, depending on the complexity of your case and the extent of your injuries. While waiting feels frustrating, seeing your claim through to a fair resolution protects your financial future. Here is what you need to know about the typical length of a personal injury case.
The Timeline of a Personal Injury Claim in Kansas City
Your personal injury claim begins when you reach maximum medical improvement (MMI). This milestone occurs when your doctor determines that your condition has stabilized to the furthest possible extent. Only after reaching MMI can your attorney accurately calculate your total damages, including future medical costs and lost earning capacity.
While waiting for MMI, your attorney will compile medical records, gather evidence, and document your losses. This phase usually takes a few months as they build a comprehensive case. Once you reach MMI, your attorney may send a demand letter to the insurance company outlining your damages and requesting fair compensation.
If initial negotiations fail to produce a satisfactory offer, your attorney will file a lawsuit. This formal legal action does not mean you head straight to trial. Instead, you will enter a structured process:
- The discovery phase comes first, typically lasting six months to one year. During discovery, both sides exchange information, take depositions, and gather additional evidence.
- Pre-trial negotiations often occur during or after discovery. Many cases settle during this phase as both sides gain a clearer picture of the case’s strengths and weaknesses. These negotiations can last several weeks to several months.
- If your case does not settle, it proceeds to trial. Trials can last days, weeks, or even months, and the jury deliberation adds additional time.
When Should You Decide to Settle a Personal Injury Claim?
Insurance companies often present settlement offers very early on in your case, hoping you will accept. Resist this temptation. You should not consider settlement until you reach MMI and understand your full range of damages. Early settlements typically fail to account for future medical expenses, ongoing rehabilitation needs, or long-term impacts on your earning capacity.
Your personal injury lawyer in Kansas City, MO will advise you when settlement offers become reasonable. Generally, you should pursue settlement when the offer adequately covers all your economic and non-economic losses, including pain and suffering. Remember, once you accept a settlement, you cannot seek additional compensation later, even if your condition worsens.
Trust Dollar, Burns, Becker, and Hershewe to Guide You Through the Process
While you are recovering from your injuries and wondering when you will see compensation, insurance companies are leveraging tactics to reduce your potential settlement. In these situations, you need someone in your corner who will fight for your fair compensation.
Dollar, Burns, Becker, and Hershewe will work to protect your best interests and secure an offer that fully accounts for your past and future needs. We will take the time to build a strong case, calculate both economic and non-economic damages, and negotiate aggressively for the compensation you deserve. Contact us at (816) 876-2600 for a free consultation with our Kansas City personal injury attorneys.