Personal injury claims may have some similarities, but each one is unique, making it difficult to determine exactly how long it will take to settle a claim without first knowing specifics. Some personal injury claims are settled quickly, perhaps within a few months. Others, particularly those involving serious or catastrophic personal injury, can take several years to settle.

When you are injured in an accident, it is best to speak with an attorney before you accept a settlement offer from an insurance company. While expediency may be a driving factor for you, insurance companies are driven by something else entirely: if they can get you to accept an offer before you talk to an attorney, you will have waived your ability to seek additional compensation. This often results in victims struggling for support long after the settlement has been used up.


When you sustain a serious injury, there are several steps that will need to be taken to ensure you are not cheated out of the full compensation your injury demands. Insurance companies will not pay more than a policy’s limit, even in cases where that limit is clearly inadequate. For example, if your injury has resulted in $100,000 in medical expenses, but the party responsible for your injury has a policy limit of $50,000, the insurance company will offer $50,000 maximum. Once the insurer’s liability has been met, they are under no obligation to pay more, regardless of the actual damages you are facing – and even in these cases, the maximum payout will only be awarded if the other party is clearly liable.

Establishing liability is the job of a personal injury lawyer.

Establishing Liability

In order to establish liability, an investigation may be necessary. Your personal injury lawyer may need to work with an accident reconstructionist, medical professionals, and other experts to determine exactly how an accident occurred, who is at fault, and what kinds of damages can be expected in the long term. This process can take several months, but is essential for determining what your personal injury claim is worth.

Damages in a personal injury claim may include:

  • Current and projected medical and rehabilitation costs
  • Current and projected future lost wages
  • Home modifications and adaptive technologies (wheelchair, prosthetics, etc.)
  • Costs related to permanent/irreversible consequences (paralysis, loss of a limb, etc.)
  • Property damage
  • Any other expense related to your accident and injury

Personal injury claims often seek compensation for pain and suffering as well. Pain and suffering will not be considered in initial insurance settlement offers.