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(314) 500-HURTHow long will my personal injury claim take? If you have been injured due to someone else’s negligence or wrongdoing, you may be wondering how long it will take to get the compensation you deserve for your medical bills, lost wages, pain and suffering and other damages. The answer is not simple, as every personal injury case is different and depends on various factors.
At Burger Law, we have extensive experience in handling personal injury cases in both Missouri and Illinois. We know how to fight for your rights and get you the best possible outcome for your case. We also understand that you may be anxious and frustrated by the legal process, which can be complex, confusing and long. That is why we are here to guide you every step of the way and keep you informed of the progress of your case. For experienced, compassionate and award-winning personal injury attorneys, call Burger Law at or contact us online.
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The short answer is that your claim may take anywhere from a few months to several years. The truth is – and this is a very lawyer-y answer – it depends. Each case is different, and a lot depends on the strength of your evidence, the cooperation of the liable party and the skill and tenacity of your personal injury lawyer. Generally, the following guidelines may apply to your case:
While it is clearly frustrating when money you lawfully deserve is kept from you, we encourage clients to wait for a settlement that truly reflects that value of their claim – or go to trial. You only have one chance to get compensation for your injuries; if you accept an early settlement, you likely won’t receive all of the money you could have.
As you can see, there is no definitive answer to how long a personal injury case will take, as it depends on various factors that can influence the duration of each stage. Some of these factors are:
Generally speaking, the more complicated and serious your case is, the longer it will take to resolve. For example, if your case involves multiple parties, multiple injuries, multiple jurisdictions or complex legal issues, it will take more time and effort to gather evidence, negotiate a settlement or go to trial. Conversely, if you sustained a simple injury in a rear-end accident and liability is clear, the insurance company may offer full value for your claim relatively quickly.
It’s also important to keep in mind that, in most cases, you’ll want to finish your medical treatment before accepting a settlement offer so you don’t accidentally settle for less than your case is worth. If you need physical therapy for six months, you’ll probably want to wait until the six months are over before making a settlement demand.
Another factor that can affect the duration of your case is how cooperative the other party is. If the other party admits liability, agrees to pay you a fair amount of money and responds to your requests promptly, you can settle your case faster and easier. If the other side doesn’t offer the full value of the case – what you truly deserve – then we’ll have to litigate the case and file a lawsuit. That’s adds additional time to your personal injury claim as it involves filing court documents, further investigation and a discovery phase where both sides get to review the others’ evidence.
After filing a lawsuit, you and your attorney can still pursue negotiation and alternative dispute resolution strategies like mediation. Often, the threat of a lawsuit is enough to get the other party to finally be fair and pay you what they owe you. But if they still refuse, the case will have to go to trial.
A third factor that can influence the duration of your case is how available and reliable your evidence and witnesses are. If you have strong and clear evidence to support your claim, such as eyewitnesses, police reports, photos, videos or receipts, and if all this evidence is readily available, you can prove your case faster and easier. However, if your evidence is weak or unclear, you may need to find more evidence or hire experts to strengthen your case. Similarly, if you have witnesses who can testify on your behalf, such as doctors, co-workers, friends, family members or eyewitnesses, you can corroborate your case faster and easier.
It’s typically beneficial for both parts to settle a case instead of going to trial. If the other side wants to avoid trial at all costs, they’ll be more motivated to settle your case sooner. Conversely, if both sides are certain in their positions and your attorney is an experienced trial lawyer, both sides may be willing to see the trial to completion, which takes longer.
A trial itself can last anywhere between one day and week or two, but the preparation is much longer.
A final factor that can affect the duration of your case is how busy the court is. If the court has a heavy caseload and a long backlog of cases waiting to be heard, you may have to wait longer for your case to be scheduled and resolved.
It’s difficult to find exact statistics for personal injury claims, as the vast majority of claims settle, and information on those settlements aren’t always made public. About 95 percent of personal injury cases are settled before trial. For those where lawsuits are filed and the case goes to trial, the Bureau of Justice Statistics reported in 2005 that the average lawsuit lasted 23 months. Specifically, different case types last an average of:
These cases last much longer than most would like justice to take. According to the Model Time Standards For State Trial Courts, 98 percent of civil cases should be resolved within 540 days. Unfortunately, only 69 percent were resolved within that time frame.
Every personal injury case is different, and how long your case takes depends on your specific situation. To give you an idea, here are some Burger Law case victories and how long they took:
As you can see, there are a lot of factors that influence how long a personal injury claim can take. The best way to understand how long your case might take is to speak to a personal injury lawyer experienced with your type of case. While we don’t have crystal balls, an experienced attorney will be able to tell you how strong you case is and what factors might cause it to last longer.
At Burger Law, our personal injury attorneys always aim to get you the most amount of money as quickly as possible. But often, the people who hurt you and their insurance company try to deny or fight back against claims. As trial attorneys, we can take your case all the way to the end, no matter how long it takes to get justice in your case. Call Burger Law today at or fill out our online form for a free consultation.
Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
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