Quick answer: A claim that settles without a lawsuit moves as fast as treatment, evidence and negotiation allow, and no official statistics track those cases. Cases that go all the way to trial take longer: in a Bureau of Justice Statistics study of state courts, half of tort trials took about 22 months from filing to verdict or judgment, and car accident trials about 20 months.
On this page:
- What sets the pace
- Before a lawsuit is filed
- If a lawsuit is filed
- Duration is not the same as the deadline
- What you can do
- Next steps
What sets the pace
Four things mostly decide how long a case takes: how long your treatment lasts, how quickly the evidence and records are gathered, how the other side responds in negotiation, and whether a lawsuit is filed and how busy the court is. Only the last stage has reliable public statistics, which is why the numbers below describe cases that reached trial.
Before a lawsuit is filed
Most claims are resolved without a trial. The Bureau of Justice Statistics reports that a majority of tort cases are resolved before trial, and the 2005 report notes that the terms of tort cases that settle would typically not be part of the public record, which makes settled cases hard to measure.
What can be said is how the stages fit together. Treatment comes first, because the Texas Department of Insurance advises that, before signing a release, you talk to your doctor about any future medical treatment you might need. Then come the records, the demand letter and negotiation; the full path is in how a personal injury claim works, and the questions to ask before you answer an offer are in whether to accept the first settlement offer.
Insurer deadlines apply mainly to your own claims. In Texas, for example, the regulator says the prompt payment deadlines do not apply if another driver's insurance company is paying the claim, but that company must act in good faith and try to settle the claim quickly and fairly. Rules differ by state.
If a lawsuit is filed
Once a complaint is filed, the court's calendar matters. The Bureau of Justice Statistics measured the number of months from filing a complaint to verdict or judgment for tort trials in state courts in 2005. The figures below are medians, meaning half of the cases took longer and half took less.
| Type of tort case | Median months, all trials | Jury trials | Bench trials |
|---|---|---|---|
| All tort trials | 22.3 | 23.0 | 17.7 |
| Automobile accident | 20.1 | 20.3 | 16.6 |
| Animal attack | 20.5 | 20.0 | 21.4 |
| Premises liability | 24.5 | 25.2 | 15.0 |
| Medical malpractice | 30.0 | 30.1 | 16.7 |
Read these numbers with care. They cover only the small share of cases that went all the way to a verdict or judgment (what the report calls tort trials), and the data is from 2005, so current courts may be faster or slower. A case that settles after filing, and most claims that settle before filing, finish earlier. For how a claim becomes a lawsuit, see a personal injury claim versus a lawsuit.
Duration is not the same as the deadline
How long a case takes and how long you have to file are different questions. A statute of limitations bars claims after a set period; the period varies by jurisdiction and type of claim, and it may start on the date of the injury, the date it was discovered, or the date it would have been discovered with reasonable efforts. Check your own with the Statute of Limitations Calculator before you plan around how long a case might take.
What you can do
You cannot control the court's calendar, but you can keep the parts you control moving: follow your treatment plan, keep your bills and records organized, and know your deadline. When you are ready to put a number on the claim, use the Settlement Value Calculator for a starting estimate.
Next steps
The personal injury calculators cover every state, and our methodology page explains how each figure is verified. For advice on your own case, talk to a licensed attorney in your state.