One of the more common questions we get from clients is how long will their personal injury case take. Unfortunately, there isn't a clear cut answer and, like many aspects of personal injury law, it depends. One thing is for certain, we strongly advise our clients not to entertain a settlement until we know the full extent of their injuries. As we've said before, injured victims get one chance to recover compensation and once the case is settled, they cannot come back for more money down the road. 

This post covers some factors that go into how long a case will take and explains our approach on advising clients when to consider settlement vs. filing a lawsuit. 

The injuries and course of medical treatment. This is probably the single most important factor in determining how long a personal injury case will take. In order to properly advise clients about what their case is "worth" (PS - no good injury lawyer can tell a client what their case is worth at an initial consultation), we need them to complete all necessary medical treatment. That process could take weeks, months, or sometimes even years. Since we generally represent seriously injured plaintiffs, our cases take longer to resolve than people who fortunately don't require as much care after the accident. 

Importantly, we tell all clients we don't want to rush the process because they could (literally) sell themselves short by settling too quickly. If a lawsuit needs to be filed, it also behooves the client to make sure the attorney has all the information he or she needs about the injuries. 

The investigation into liability (fault) and insurance coverage. Experienced personal injury lawyers always make sure they fully investigate who is at fault and explore every avenue of potential sources of financial recovery for their clients before resolving a case. Sometimes it's easy (if the defendant admits responsibility). Sometimes, the insurance company isn't as forthcoming with information and delays disclosing all applicable insurance policies. Without knowing how much coverage applies, trying to settle a case in a vacuum only hurts the client. In those instances, a lawsuit is required to ensure the attorney knows all sources of compensation.

If a lawsuit is required. If the case cannot resolve with pre-suit negotiations, litigation is required. When the insurance company isn't being reasonable, we always advise our clients to allow us to sue on their behalf. If that occurs, in Colorado the earliest a personal injury case can get to a jury trial is about a year after the lawsuit is filed. While frustrating, it often works to a plaintiff's advantage to sue. Litigation puts pressure on the insurance company via deadlines and a looming trial date.

In summary, the time required to resolve a personal injury claim can vary greatly and depends on the factors listed above. Generally, most serious injury cases can take years to conclude but an experienced lawyer will use that time to do the necessary work to obtain the maximum amount of compensation for their client.