You’ve been injured in an accident. You’ve decided to hire Morgan & Morgan or another personal injury firm. Now comes the question almost every client asks within the first few weeks: “How long is this going to take?”
It’s a fair question. You’re dealing with medical bills, missed work, pain that disrupts your daily life, and an insurance company that may or may not be cooperating. You want closure. You want compensation. You want to move forward.
The honest answer is that personal injury cases don’t follow a single timeline. Some settle in a few months. Others take a year or longer. A small percentage go to trial and can stretch beyond two years. Understanding what drives these timelines—and what you can reasonably expect based on your specific situation—helps you plan financially and emotionally for what’s ahead.
Why Personal Injury Cases Can’t Be Rushed
The fundamental challenge with accident cases is that you can’t accurately value your claim until you understand the full scope of your injuries. Settling too early almost always means leaving money on the table, and once you sign a release, you can’t go back for more.
Here’s the reality: insurance companies know this. They also know that injured people are under financial pressure. They’ll sometimes make early offers that sound reasonable but don’t account for future medical treatment, ongoing pain, or long-term impacts on your ability to work.
An experienced auto accident attorney explains it this way: “The single biggest mistake I see is people settling their cases before they’ve reached maximum medical improvement. You might feel 80% better three months after the accident, but if you’re going to need surgery or long-term physical therapy, that needs to be part of the settlement. Once you settle, you’re done. There’s no going back.”
Maximum medical improvement—often abbreviated as MMI—means you’ve recovered as much as you’re going to recover, or your condition has stabilized to the point where doctors can predict your long-term prognosis. Until you reach that point, any settlement is essentially guesswork.
The Four Main Phases of a Personal Injury Case
Most personal injury cases move through predictable stages, though the length of each stage varies dramatically based on your injuries, the insurance company’s approach, and whether litigation becomes necessary.
Phase 1: Medical Treatment and Documentation (Weeks to Months)
This phase starts the day of your accident and continues until you’ve either fully recovered or reached maximum medical improvement. During this time, you’re focused on getting better, but your attorney is simultaneously building your case.
What’s happening behind the scenes:
- Your attorney is collecting accident reports, witness statements, and scene documentation
- Medical records are being gathered and organized as your treatment progresses
- Photographs of your injuries, vehicle damage, and accident scene are preserved
- Lost wage documentation is compiled if you’ve missed work
The length of this phase depends entirely on your injuries. A soft tissue injury with six weeks of physical therapy moves much faster than a broken bone requiring surgery and months of recovery. Traumatic brain injuries, spinal cord damage, or injuries requiring multiple surgeries can extend this phase for a year or more.
You can’t rush healing, and you shouldn’t try. This is the foundation of your entire case.
Phase 2: Demand and Negotiation (Weeks to Several Months)
Once you’ve reached maximum medical improvement, your attorney prepares a demand package. This is a detailed presentation of your case sent to the insurance company, including:
- A narrative of how the accident happened and why their insured is at fault
- Complete medical records and billing statements
- Documentation of lost income
- Photos and expert reports if needed
- A demand for a specific settlement amount
The insurance company typically has 30 to 60 days to respond, though some respond faster and others drag their feet. Their initial response is almost never an acceptance of the full demand. Instead, they’ll make a counteroffer, often significantly lower than what you asked for.
This begins the negotiation process. Your attorney and the insurance adjuster go back and forth, each side making concessions, until they either reach an agreement or hit an impasse.
Negotiations can wrap up in a few weeks if both sides are reasonable and the case is straightforward. More commonly, this phase takes two to four months. If the insurance company is being difficult—disputing liability, arguing that your injuries aren’t as serious as you claim, or offering unreasonably low amounts—negotiations can stall completely.
Phase 3: Filing a Lawsuit (If Necessary)
If negotiations fail, your attorney may recommend filing a lawsuit. This doesn’t mean you’re going to trial. In fact, most cases that enter litigation still settle before a trial date. But filing a lawsuit signals to the insurance company that you’re serious and willing to take the case all the way if necessary.
Once a lawsuit is filed, the case enters the discovery phase. This is the most time-consuming part of litigation and includes:
- Written interrogatories (questions each side answers under oath)
- Requests for documents
- Depositions, where witnesses and parties are questioned by both sides’ attorneys
- Independent medical examinations if the insurance company disputes your injuries
- Expert witness preparation
Discovery typically takes six months to a year, sometimes longer in complex cases. Courts have schedules, attorneys have other cases, and depositions need to be coordinated around everyone’s availability. This is where cases slow down significantly.
After discovery, many cases go to mediation—a formal settlement conference with a neutral mediator who tries to help both sides reach an agreement. Mediation has a high success rate. If mediation fails, the case moves toward trial.
Phase 4: Trial (If All Else Fails)
Only a small percentage of personal injury cases actually go to trial. When they do, you’re looking at additional months of preparation followed by the trial itself, which can last anywhere from a few days to several weeks depending on complexity.
Trial preparation includes:
- Finalizing witness lists and exhibits
- Preparing opening statements and closing arguments
- Conducting mock trials or focus groups in high-stakes cases
- Pre-trial motions and hearings
Once the trial concludes and a verdict is reached, there’s still time before you receive your money. The losing party might file post-trial motions or even an appeal, which can add months or years to the process.
The good news is that very few cases reach this point. The uncertainty and expense of trial motivate most insurance companies to settle during litigation, even if they refused to settle during pre-litigation negotiations.
Factors That Speed Up or Slow Down Your Case
Not all personal injury cases are created equal. Certain factors have an outsized impact on how long your case will take.
Clear Liability: When fault is obvious—like a rear-end collision where the other driver was texting—cases settle faster. When liability is disputed, expect delays as both sides gather evidence and potentially hire accident reconstruction experts.
Severity of Injuries: Minor injuries with full recovery mean shorter timelines. Catastrophic injuries requiring extensive treatment, surgery, or permanent disability extend every phase of the case.
Insurance Company Behavior: Some insurance companies are known for making reasonable offers and negotiating in good faith. Others employ delay tactics, lowball offers, and aggressive litigation strategies. Your attorney can usually predict which approach you’re facing based on experience with specific insurers.
Your Attorney’s Caseload: Large firms like Morgan & Morgan handle thousands of cases simultaneously. While they have extensive resources, your case is one of many. Smaller firms may provide more personalized attention but might have less infrastructure for complex litigation.
Court Backlogs: If your case goes to trial, court schedules determine your timeline. Some jurisdictions are backlogged for years due to funding issues, judge shortages, or high case volume. This is completely outside your attorney’s control.
Your Cooperation: Cases move faster when clients respond promptly to requests for information, attend medical appointments as scheduled, and stay in communication with their attorney. Missing deadlines or failing to show up for depositions creates unnecessary delays.
Morgan & Morgan’s Approach to Case Timelines
Morgan & Morgan handles a high volume of personal injury cases, which brings both advantages and considerations when it comes to timelines.
Their size means they have the resources to move quickly on case investigation, medical record retrieval, and demand preparation. They employ teams of paralegals, case managers, and support staff dedicated to keeping cases moving through each phase.
However, high caseloads also mean your case is one of many being handled simultaneously. Some clients feel they don’t get enough personal attention or updates, which can create anxiety about whether things are progressing. Communication expectations should be set early—ask during your initial consultation how often you’ll receive updates and who your primary point of contact will be.
One advantage of working with a large firm is their willingness to litigate. Insurance companies know Morgan & Morgan has the resources to take cases to trial, which can motivate better settlement offers. Smaller firms sometimes lack the financial capacity to sustain lengthy litigation, and adjusters know it.
Realistic Timeline Expectations Based on Case Type
Let’s break down what you can reasonably expect for different types of accident cases.
Minor Injury, Clear Liability (3-6 Months): You were rear-ended at a stoplight. You had a few weeks of physical therapy and chiropractic care. You’re fully recovered. The other driver’s insurance company isn’t disputing fault. These cases often settle quickly once medical treatment ends.
Moderate Injury, Clear Liability (6-12 Months): You sustained a broken bone, required surgery, and had several months of recovery and physical therapy. Liability is clear, but the damages are significant enough that the insurance company scrutinizes your medical treatment. Expect several rounds of negotiation before settlement.
Serious Injury, Clear Liability (12-18 Months or More): You suffered a traumatic brain injury, spinal injury, or multiple fractures requiring extensive treatment. Even with clear liability, the settlement value is high enough that the insurance company will fight. These cases often require litigation to reach fair resolution.
Disputed Liability, Any Injury Level (Add 6-12 Months): When the insurance company argues their insured wasn’t at fault or claims you share responsibility for the accident, cases slow down significantly. You’ll likely need to file a lawsuit to force the insurance company to take your claim seriously.
Cases Going to Trial (24+ Months): If your case can’t settle and proceeds to trial, you’re looking at two years or more from the date of your accident until resolution, sometimes longer depending on court backlogs.
What You Can Do to Keep Your Case Moving
While much of the timeline is outside your control, you can avoid unnecessary delays by taking specific actions.
Follow Your Treatment Plan: Missing medical appointments or failing to complete recommended treatment gives the insurance company ammunition to argue your injuries weren’t serious. Stay consistent with your care.
Document Everything: Keep a journal of your pain levels, limitations, and how the injury affects your daily life. Save all receipts related to your accident and injury. This documentation strengthens your case and speeds up damage calculations.
Respond Promptly to Your Attorney: When your attorney requests information, documents, or your availability for depositions or medical exams, respond quickly. Delays in communication create delays in your case.
Be Honest About Your Injuries: Exaggerating your symptoms or failing to disclose pre-existing conditions will come back to haunt you. Insurance companies investigate thoroughly, and credibility issues can tank an otherwise strong case.
Manage Your Expectations: Understand that your attorney can’t force the insurance company to settle or make the court system move faster. The timeline is what it is. Calling your attorney every week demanding updates won’t change the pace of the case and may actually distract them from doing the work that moves things forward.
When Settling Quickly Makes Sense (and When It Doesn’t)
There’s pressure to settle quickly, especially if you’re drowning in medical bills and haven’t been able to work. Sometimes an early settlement is reasonable. Other times it’s a mistake that costs you significantly.
Early settlements make sense when:
- Your injuries are minor and you’ve fully recovered
- Medical bills are paid and you have no ongoing treatment needs
- Lost wages are minimal
- The settlement offer genuinely covers all your damages with some buffer for inconvenience
Early settlements are usually a mistake when:
- You’re still treating and haven’t reached maximum medical improvement
- You have ongoing pain or limitations
- Your doctor has mentioned the possibility of future treatment or surgery
- The insurance company is pushing you to settle before you’ve had time to understand the full impact of your injuries
“I’ve seen clients take a $15,000 settlement six weeks after an accident, only to need a $30,000 surgery three months later,” one personal injury attorney notes. “They call back asking what they can do, and the answer is nothing. The release they signed closed the case permanently.”
If you’re feeling pressured to settle quickly, talk to your attorney about why they’re recommending that timeline. If they’re not recommending it but you want to settle for financial reasons, be honest about that pressure. A good attorney will help you weigh the risks and may be able to negotiate medical lien reductions or payment plans to relieve some of that immediate financial stress.
What Happens After Settlement or Verdict
Even after you’ve reached a settlement agreement or won at trial, there’s still a waiting period before you receive your money.
For settlements, the insurance company typically has 30 days to issue payment after you sign the release. Your attorney’s office then deposits the check, waits for it to clear, pays out any medical liens or case costs, deducts their fee, and issues you your portion. This process usually takes another two to three weeks.
If you went to trial and won, the payment timeline can be longer. The defendant might file post-trial motions or an appeal, which delays payment until those issues are resolved. Even without appeals, getting a judgment paid can take several months.
Don’t plan on having your settlement money in hand the day after you agree to terms. Build in a buffer of at least 30 to 45 days for settlement cases, longer if the case went to trial.
Understanding Why Your Case Might Be Taking Longer Than Expected
If you’re several months into your case and feeling like nothing is happening, there’s usually a reason—even if it’s not immediately obvious.
Common causes of perceived delays:
Medical Records Delays: Healthcare providers are notoriously slow at fulfilling medical record requests. It’s not unusual to wait two to three months for complete records, and your attorney can’t submit a demand without them.
Waiting for MMI: Your attorney may be strategically waiting for you to finish treatment and reach maximum medical improvement before making a demand, even if you feel ready to move forward.
Insurance Company Tactics: Some adjusters simply don’t respond for weeks or months. Your attorney can push them, but they can’t force an immediate response.
Court Schedules: If your case is in litigation, court dates are set months in advance. There’s no way to jump the line.
Hidden Complexity: What seemed like a straightforward case may have developed complications—disputed liability, questions about policy limits, or subrogation issues that need resolution before settlement.
If you’re concerned about delays, the right move is to contact your attorney’s office and ask for a status update. A reputable firm will explain exactly where things stand and what the next steps are.
The Bottom Line on Personal Injury Case Timelines
There’s no universal timeline for personal injury cases. Morgan & Morgan and other personal injury firms can’t promise your case will settle in three months, six months, or even a year. Too many variables are outside anyone’s control.
What you can expect is that your case will move through predictable phases: treatment and documentation, demand and negotiation, potential litigation, and eventual resolution through settlement or trial. Each phase has its own timeline influenced by the severity of your injuries, the clarity of liability, and the insurance company’s willingness to make a fair offer.
The best thing you can do is focus on your recovery, stay in communication with your attorney, and understand that the goal isn’t to settle quickly—it’s to settle fairly. A few extra months of patience can mean tens of thousands of dollars in additional compensation. That’s usually worth the wait.
