This is one of the most common questions we hear at Bautista LeRoy LLC, and it makes complete sense.  When you're recovering from an injury, dealing with medical bills, and maybe missing work, you want to know when things will be resolved.  The honest answer is that it depends.  But we can walk you through the factors that usually determine how long a case takes, so you know what to expect.

There Is No Set Timeline

Every case is different, and anyone who promises you an exact timeframe before looking at the details of your situation isn't being straight with you.  A large number of cases settle before a lawsuit is even filed.  Some cases settle in a few months after filing.  Others take a year or more, especially if they end up going to trial.  What we can do is explain the stages your case will likely move through and what affects the speed at each one.

Step One, Getting Medical Treatment

Before we can even think about settling your case, you need to reach what's called maximum medical improvement. This just means you've healed as much as you're going to, or your doctors have a clear picture of your long term needs. This matters because if we settle too early, before we know the full extent of your injuries, you could end up covering future medical costs out of your own pocket.  Once you settle, you can never go back and ask for more, even if it's treatment for an injury or complication that hadn't developed or could not be detected.  We would rather wait until we know the full picture than rush into a number that doesn't reflect what you actually need.

This step alone can take anywhere from a few weeks to many months, depending on the nature of your injuries.

Step Two, Building the Case

While you're getting treatment, our team is gathering evidence.  This includes medical records, police reports, witness statements, and sometimes input from experts who can speak to how the accident happened or what your future care might look like.  In Kansas City, St. Louis, and Bentonville, we work with local resources and experts who know the courts and processes in Missouri and Arkansas well, which helps keep things moving efficiently.

Step Three, Negotiating With the Insurance Company

Once we have a full picture of your damages, we send a demand letter to the insurance company laying out what happened and what we believe your case is worth.  From there, negotiations begin.  Insurance companies often take their time reviewing claims, and back and forth negotiation can add weeks or months to the process.  Some cases settle quickly at this stage. Others do not, especially if the insurance company disputes fault or undervalues your claim.

Step Four, Filing a Lawsuit if Needed

If negotiations stall or the insurance company refuses to offer a fair settlement, the next step is filing a lawsuit.  This does not mean your case is doomed to go all the way to trial.  In fact, most personal injury lawsuits still settle before trial.  Sometimes it will need a mediation, which is voluntary, out-of-court process where the parties hire a neutral to look at the case objectively, adjust expectations, and help the parties arrive at a settlement.   

But filing a lawsuit does add a lot of time, since it involves steps like discovery, depositions, and court deadlines that are set by the legal system rather than by us.  Once the lawsuit is filed, it needs to be formally served.  Usually, the defendants then will have 30 days to respond to the lawsuit.  Shortly afterward, the court will set a case management conference on one of its dockets and with the assistance of the attorneys, set the schedule and provide a trial date.  

Depending on the court, trials could be set from one to two years from the conference, during which time the parties will exchange written evidence and documents, conduct site visits, and collect testimonial evidence, and depose and produce their respective experts.  Courts in metropolitan areas such as Kansas City or St. Louis with large, busy dockets will understandably take longer to provide trials as opposed to courts in rural areas or towns.  Keep in mind the trial date may change, as there is always the possibility of a continuance or two that lengthens the litigation.  

Step Five, Trial, if It Comes to That

A small percentage of cases do go to trial.  Normally, the ones that don't settle involve a serious dispute over fault or the value of the claim.  The words “we're too far apart” are a signal trial is inevitable.  There is still a chance the case settles on the proverbial courthouse steps, but you can't rely on that.  Trials require significant preparation, and court schedules are often booked out months in advance.  If your case reaches this stage, it will take longer, but our team will be ready to fight for you every step of the way.

What You Can Do to Help Keep Things Moving

While a lot of the timeline is outside your control, there are things that help. Following through with medical treatment, keeping your appointments, and staying in communication with our office all make a difference.  Delays in getting medical records or missed appointments can slow things down more than people expect.

The Bottom Line

We know waiting is hard, especially while you're dealing with pain, bills, and uncertainty.  At Bautista LeRoy LLC, we work to move your case forward as efficiently as possible without sacrificing the value of your claim. Our goal is not just a quick resolution, but the right resolution for your situation.

If you have questions about where your case stands or what to expect next, reach out to our team in Kansas City, Missouri, St. Louis, Missouri, or Bentonville, Arkansas. We are happy to walk you through it during a free consultation. The author, Jose M. Bautista, is a partner at Bautista LeRoy LLC.  Should you have any questions or wish to discuss the article, our attorneys can be reached at www.bautistaleroy.com or 816-221-0382.