Contrary to what you might expect from Hollywood legal dramas, most successful personal injury cases end without the need for a trial. Instead, they’re resolved through out-of-court settlements, in which the defendant agrees to pay the plaintiff (the injured party) a certain amount of money in exchange for permanently dropping the case.
So, how long do personal injury cases take to settle in Kansas City? That depends on a number of factors, from the cost of medical bills to the difficulty of projecting future expenses to the defendant’s willingness to negotiate fairly. Let’s explore some of the factors that can affect the personal injury settlement timeline in Missouri, and how long you might expect yours to last.
What Is the Typical Timeline for a Personal Injury Case?
How long does a personal injury claim take? Is there an average time to settle an injury claim? While every personal injury case is unique, most proceed along the same general track. The following are the common stages in order, and how long each could take:
- Undergoing Medical Treatment – First, the injured person needs to receive treatment until their injuries have stabilized and doctors can accurately project the long-term consequences of those injuries. This can take anywhere from a few weeks to several months to over a year, depending on the specific injuries in question.
- Investigating the Incident – While the injured person is being treated, their attorney can gather evidence to determine what happened and who’s to blame. A straightforward two-vehicle car accident might take a few days to investigate thoroughly, while a multi-vehicle crash involving several at-fault parties could take quite a bit longer.
- Sending the Demand Letter – Once the lawyer has identified all the at-fault parties and quantified the cost of the harm their client has suffered, they will send a demand letter to those at-fault parties and their insurers. The letter explains what happened, why the recipients are responsible, and how much the injured person is seeking in compensation. The recipients should respond within 30 days, although it may take longer.
- Negotiating for a Settlement – Next, both sides will engage in a round of negotiations, with the injured person’s attorney seeking as much compensation as possible for their client and the defendants seeking to pay as little as possible. The two sides will meet somewhere in the middle and, if the injured person agrees that this amount is fair, will settle.
- Filing a Lawsuit Should Negotiations Fail – However, if the injured person and their attorney aren’t happy with the final figure offered by the defendants, they will file a lawsuit and proceed to trial. Every state establishes a deadline for filing a lawsuit. For example, Missouri’s statute of limitations on personal injury claims is five years, while Kansas’s is just two.
Filing an Insurance Claim and Settlement Negotiations
It may take a few days to a few weeks to file your claim with the at-fault party’s insurer, depending on how quickly you gather and submit the necessary documentation. Negotiating a settlement can take much longer, since it involves investigation and back-and-forth discussions. Simple cases may take a few months to reach a settlement, while more complex ones may take a year or longer.
Factors That Impact the Timeline of a Personal Injury Lawsuit
A number of factors will affect how long a particular personal injury case might take to settle, including the following:
- The severity of the claimant’s injuries
- How long it takes to treat the claimant’s injuries, and whether they will need long-term care
- How willing the insurance company is to negotiate fairly versus whether they take a hardball stance
- How clearly the defendant is responsible for the claimant’s injuries
Furthermore, different types of accidents can have different timelines. A relatively minor car accident might take a few months to settle, whereas an expensive truck accident involving multiple injured parties and stacking insurance policies could take years to resolve.
Do Most Cases Settle or Go to Trial?
The vast majority of successful personal injury cases settle rather than go to trial. Settlements are nearly always confidential, so it’s hard to know the exact breakdown. It’s often said that about 95 percent of civil cases end in a settlement, though more detailed research suggests the rate varies by jurisdiction and case type, and the actual number may be quite a bit lower.
As for the question, “How long do injury lawsuits take?” there are many factors to consider. A court could have a backed-up docket, which could push a trial several months or even a year. There may be new evidence that gets discovered during proceedings, so the court and both the plaintiff’s and defense counsel will need extra time to review it. These are but a few of the reasons why personal injury cases can take so long to resolve.
How Long Do Settlements Usually Take?
It’s difficult to say how long most personal injury cases take to settle, because each one is unique. A relatively simple case might take a few months to resolve, whereas a complex one might take years or more. A lawyer can give you a better idea of what to expect after carefully reviewing your situation.
Can You Speed Up a Personal Injury Case?
The following are things you can do to accelerate the timeline of your personal injury case:
- Get medical care promptly, and work hard at any ongoing therapy you’re prescribed.
- Gather as much evidence as you can, including by writing down your memory of events while they’re still fresh.
- Be careful what you say to insurers, as a slip-up could strengthen their negotiating position and add weeks or months to discussions.
- Finally, work with an experienced lawyer who knows how to handle personal injury cases effectively.
Why Choose Presley and Presley Trial Lawyers?
So, of all the personal injury law firms in the Kansas City area, why choose Presley and Presley Trial Lawyers to handle your case? The following are what make us a compelling choice:
- We’re Experienced – Founding attorneys Jill and Kirk Presley have more than 65 years of combined experience. We know how to handle and win complex and high-stakes injury cases.
- We Take a Focused Approach – We build our cases meticulously. That starts with an in-depth investigation into what happened, followed by a careful damage analysis conducted with the help of life planners and vocational rehabilitation experts. We want to understand what happened to you and why, and to be able to prove that effectively.
- We’re Committed to Achieving Results – At the end of the day, your long-term happiness and quality of life will depend in no small part on the recovery we’re able to secure for you. We want to get you every cent you need to live your fullest life possible.
We are here to guide you through every step of your case with clarity of purpose and an emphasis on your recovery. Reach out to us today so we may review and discuss your case.
Get in Touch with Our Personal Injury Lawyers Today
Have you suffered a serious injury in the Kansas City area? If so, Presley and Presley Trial Lawyers want to meet with you to explain what you can expect and how long it may take. Contact us today to get started with a free, no-obligation consultation, and let us provide you with the personalized representation you need to move your case forward promptly.