The Settlement Timeline

By Jason Hicks | Updated: Jan 2026

Why settling too fast is the biggest mistake you can make.

Phase 1: Treatment & Investigation (0 - 12 Months)

This is often the longest phase. You must focus on healing. Settling before prognosis and future-care needs are understood can leave future medical expenses undervalued or released. Attorney review should consider whether you have reached Maximum Medical Improvement (MMI) or whether reliable future-care proof is available.

Phase 2: The Demand Package (Month 12 - 14)

Once you are healed, we gather all medical records, police reports, and wage loss documentation. We send a comprehensive "Demand Package" to the insurer giving them a chance to pay the full value.

Phase 3: Litigation (Month 14 - 24+)

If they refuse to pay a fair amount (which is common in high-value cases), we file a lawsuit. This starts the court clock.

  • Discovery: Both sides exchange evidence.
  • Depositions: Lawyers question witnesses under oath.
  • Mediation: A final attempt to settle before trial.

Phase 4: Trial

If mediation fails, we go to trial. A jury hears the evidence and decides the verdict. This is rare, but we prepare every case as if it will happen.

Review Early Settlement Offers Carefully

Insurance representatives may make early settlement offers before the medical record is complete. Before signing a release, review whether treatment, future care, work restrictions, available coverage, and released parties are fully understood.

General Timeline by Injury Severity

  • Simple soft tissue: 3-6 months after treatment ends
  • Moderate injury: 6-12 months
  • Serious injury with surgery: 12-18 months
  • Catastrophic/death: 18-36 months or more
Jason Hicks

About the Author

Jason Hicks is a trial lawyer specializing in catastrophic injury and civil rights litigation. He has recovered over $30 million for clients across Oklahoma.