How to use this guide
Start with the evidence track, then move into the practice area, results, or attorney review that fits the facts.
Guide focus
personal-injury
The Process Explained
Best use
Phase 1: Treatment & Investigation (0 - 12 Months)
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Attorney review
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Request attorney review when deadlines, evidence, or insurer contact are active now.
01
Phase 1: Treatment & Investigation (0 - 12 Months)
Why settling too fast is the biggest mistake you can make.
This is often the longest phase. Settling before prognosis and treatment needs are understood may waive future-cost claims, so many serious cases wait for medical stability before demand or settlement decisions. Attorney review should consider whether you have reached Maximum Medical Improvement (MMI) or whether reliable future-care proof is available.
02
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.
03
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.
04
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.
05
General Timeline by Injury Severity
Read these as rough ranges, not a schedule. A fault dispute or a crowded court docket can push a case well past them.
- Simple soft tissue: 3-6 months
- Moderate injury: 6-12 months
- Serious injury with surgery: 12-18 months
- Catastrophic/death: 18-36 months or more
06
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.
Review the Record Early
Evidence can change quickly. Attorney review can help identify records, deadlines, and preservation issues.