Phase 1 — Treatment (1–12+ months)
Most attorneys won't settle before you reach maximum medical improvement. Settling earlier risks undervaluing future medical costs.
Phase 2 — Demand and Negotiation (1–4 months)
Your attorney sends a demand letter packaging the evidence and damages. The insurer responds, often with a low counter. Negotiation follows.
Phase 3 — Filing Suit (if needed)
If negotiation fails, your attorney files a lawsuit. This alone often shakes loose better offers.
Phase 4 — Discovery and Depositions (6–18 months)
Both sides exchange evidence and take depositions. This is where insurance companies often try to grind plaintiffs down financially — and where funding matters most.
Phase 5 — Mediation or Trial (6–12 months)
Most cases resolve at mediation. A small percentage proceed to trial.
Realistic Ranges
- Soft-tissue, clear liability, modest treatment: 4–9 months.
- Significant injury, full treatment: 12–18 months.
- Serious injury, disputed liability: 18–36 months.
- Catastrophic injury, trial: 24–48+ months.
For a closer look at how this timeline affects funding decisions, see car accident funding.
Sources & Further Reading
For broader context, see Insurance Information Institute — auto insurance claim data. This article is general educational information and does not constitute legal or financial advice.
Frequently Asked Questions
Some things help — quick medical care, prompt document responses — but most timeline drivers are controlled by the insurer and the courts.
Simple liability with limited treatment can settle in 2–3 months, but most cases take longer.