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How Long Will My Personal Injury Case Take to Settle?

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

Say you’ve been injured and are weighing the pros and cons of fighting your personal injury case in court. Maybe you are one of the nearly 100,000 people injured on Illinois roadways every year, or perhaps you are the victim of medical malpractice, an animal attack, or some other misfortune. One question you are sure to ask yourself is: how long will it take to settle my case? 

Since every personal injury case is unique, it is impossible to know exactly how long your particular case will take, although most cases are resolved within one or two years. There are often many variables in play, such as the severity of your injury, whether a government agency was involved, or whether there are several defendants—for example, if your injury was in a construction zone where multiple contractors were working. That said, it is possible to put together a series of milestones or rough timeline so you can gain a sense of how long your case may last before it is settled.

For most personal injury cases in Illinois, there is a two-year statute of limitations. This means that either you will need to reach a settlement or file a lawsuit before this statute of limitations passes. In the cases where the defendant is a government body, in most instances, the statute of limitations is only one year.

To maximize your time, it is best to hire a knowledgeable personal injury attorney as soon as possible. It may be prudent to look into legal representation if your medical bills amount to more than a few thousand dollars, if you break a bone, or if you miss working for several days.

When you find an attorney, one of the first things that attorney will do is file the initial paperwork and notify the other party you are filing a claim. After this, you will move into the “discovery process.” This generally lasts anywhere from six to twelve months and involves investigating the accident, obtaining witness statements, reviewing police and medical records, and gathering any other pertinent information. It is also necessary to wait for Maximum Medical Improvement or for a medical expert to give a clear prognosis for your health before completing this process.

After the discovery process, a negotiated settlement is usually attempted. Most cases are resolved in this manner. A lawsuit may be filed if a settlement cannot be reached or if the statute of limitations has nearly been reached. It is also important to remember that at any point, your case may be dismissed or a judgment may be entered for a wide variety of reasons including improper process, jurisdiction, or default.

If your case is taken to trial, a verdict may be reached within one or two years of filing your lawsuit. If the plaintiff wins, the defense may appeal the decision. If this is the case, a new trial may be called, or there may be a new settlement. It is important to remember that at any point during this process, a settlement may be reached out of court between the parties involved.

Several factors can make a case take more time. For example, the more complex a case is, the longer it will last (e.g. a medical malpractice case will usually last longer than a simple slip-and-fall accident). The amount of damages the plaintiff seeks will also affect the duration, with cases involving more than $1,000,000 taking longer. Finally, and most importantly, your willingness to reach a settlement is a key factor in how long it will be before the process ends and you can move on with your life.

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