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 the longest phase. You must focus on healing. If we settle while you are still seeing a doctor, the insurance company will not pay for any future bills. We wait until you reach Maximum Medical Improvement (MMI).

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.

⚠️ Warning: The "Fast Cash" Trap

Insurance adjusters may offer you a check for $5,000 or $10,000 within days of the crash. Do not sign it. By signing, you release them from all future liability. If you need surgery next month, you are on your own.

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.