Written by Maurice Davis
Some personal injury claims settle within a few months. Others take much longer, especially when you are still receiving medical treatment, the insurance company disputes who was responsible, or you need to file a lawsuit.
The biggest mistake you can make is assuming that the fastest settlement is the best settlement. If you accept an offer before you understand the full extent of your injuries and losses, you may not be able to ask for more money later.
Davis Injury Lawyers can investigate your claim and handle negotiations while you focus on recovering. We can also help you understand what is happening at each stage of your case and whether accepting a settlement makes sense.
How Long Does a Michigan Personal Injury Claim Take to Settle?
There is no set amount of time a Michigan personal injury claim must take to settle. Your claim may be resolved relatively quickly if:
- Your injuries are well documented.
- You have completed most of your medical treatment.
- The insurance company accepts responsibility for the accident.
- The insurer agrees with the calculation of your losses.
- Both sides are willing to negotiate.
A claim can take longer when your recovery is ongoing, or the insurance company disputes liability or the value of your damages. In other words, the question is not simply, “How quickly can I get a settlement?” It is, “When will I have enough information to know what my claim is worth?”
What Happens Before You Negotiate a Personal Injury Settlement?
You do not necessarily have to finish every part of your medical treatment before your lawyer begins working on your claim. While you recover, your attorney can investigate the accident, collect evidence, communicate with the insurance company, and identify the losses you may be able to recover.
Your medical treatment is still important. If you are continuing to experience symptoms, undergoing physical therapy, seeing specialists, or facing additional treatment, those facts can affect the value of your claim.
Your doctors may also be able to provide information about your prognosis and whether you are likely to need additional treatment. That information can make a significant difference when it is time to evaluate a settlement offer.
When Can You Start Negotiating a Personal Injury Settlement in Michigan?
Settlement negotiations can begin once there is enough information to evaluate your injuries and losses. There is no rule requiring every Michigan personal injury claim to wait a specific number of weeks or months before negotiations begin. The appropriate timing depends on the circumstances of your case.
An insurance company may make an offer early in the process. That does not mean the offer accurately reflects the value of your claim.
For example, an early settlement offer may not account for:
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Ongoing pain and suffering
- The long-term effects of your injuries
- Other losses caused by the accident
Before accepting a settlement, you should understand what you are giving up. In most cases, settling a claim means signing a release that prevents you from seeking additional compensation for the same injuries later.
What Can Slow Down a Michigan Personal Injury Claim?
Several issues can make a personal injury claim take longer than expected. The timeline often depends on the severity of your injuries, how long your medical treatment continues, and whether the insurance company accepts responsibility. Disagreements about fault, the value of your losses, or the need to file a lawsuit can also delay the process.
You Are Still Receiving Medical Treatment
It can be difficult to determine the full value of your claim when you are still being treated for your injuries. Your recovery may change over time. You may improve with treatment, or you may discover that your injuries are more serious than you initially thought. Waiting for a clearer prognosis can help prevent you from settling your claim before you understand the long-term consequences of your injuries.
The Insurance Company Disputes Fault
An insurance company may argue that its policyholder was not responsible for the accident. It may also claim that you share some responsibility for what happened. When liability is disputed, your attorney may need to collect additional evidence, interview witnesses, review accident reports, or consult experts before the parties can reach an agreement.
The Insurance Company Disputes Your Injuries
The insurer may accept that an accident happened, but question whether the accident caused all of your injuries. Your medical records, treatment history, diagnostic testing, and statements from your healthcare providers can become important evidence when this happens.
You and the Insurance Company Disagree About the Value of Your Claim
Even when everyone agrees about what caused the accident, you may disagree about how much your injuries and other losses are worth. Negotiations can take time, particularly when the insurance company makes an offer that does not adequately account for your losses.
You Need to File a Lawsuit
If the insurance company refuses to offer a reasonable settlement, filing a personal injury lawsuit may become necessary. Once a lawsuit is filed, the timeline depends on the court’s schedule and the requirements of the litigation process.
Does Filing a Michigan Personal Injury Lawsuit Make the Case Take Longer?
Usually, yes. A lawsuit involves steps that do not occur during ordinary settlement negotiations. The parties may exchange evidence through discovery, take depositions, participate in mediation or another form of alternative dispute resolution, file motions, and prepare for trial.
Michigan’s statute of limitations generally gives an injured person three years to bring an action for personal injury, although exceptions and different deadlines can apply depending on the circumstances.
That deadline is not a prediction of how long your lawsuit will take. It is a deadline for filing the lawsuit in cases where the three-year limitations period applies.
What Happens During Discovery?
Discovery is the phase of a lawsuit in which the parties exchange information and evidence relevant to their claims and defenses.
Depending on the case, discovery may involve:
- Written questions and requests for information
- Requests for medical and other records
- Depositions
- Expert witnesses
- Accident evidence
- Employment and wage records
Michigan’s court rules allow discovery concerning relevant, non-privileged information that is proportional to the needs of the case. The court can also control the scope and timing of discovery. The more complicated the accident or injuries, the more time the discovery process may require.
Can Mediation Settle a Michigan Personal Injury Lawsuit?
Yes. Your case does not have to go to trial simply because a lawsuit has been filed. Mediation gives the parties an opportunity to negotiate with the help of a neutral third party. The mediator does not decide who wins the case. Instead, the mediator helps the parties explore whether they can reach an agreement.
Michigan’s court rules specifically provide for mediation and describe the mediator’s role as helping the parties communicate and explore potential solutions. If you reach a settlement at mediation, you may be able to resolve the case without waiting for a trial.
What Happens If My Personal Injury Case Goes to Trial?
If you and the defendant cannot reach a settlement, your case may proceed to trial. The court controls the trial schedule, so you generally cannot choose the date your case will be heard. Your attorney can continue preparing the case while settlement discussions continue.
Going to trial does not necessarily mean settlement negotiations have ended. The parties can sometimes reach an agreement before the judge or jury decides the case.
Can You Settle a Personal Injury Case Too Quickly?
Yes. Getting a settlement check quickly may sound appealing, especially when medical bills are arriving, and you have missed work. But settling before you understand your injuries can create problems. Once you settle your personal injury claim, you generally sign a release giving up your right to pursue additional compensation for the claim.
That means you should consider whether the settlement accounts for the full extent of your losses, including potential future medical treatment and the long-term effects of your injuries. The insurance company’s willingness to settle quickly does not necessarily mean it has offered you a fair amount.
What Can You Do to Keep Your Personal Injury Case Moving?
You cannot control everything that affects your case timeline. You can, however, avoid some unnecessary delays.
Follow Your Treatment Plan
Keep your medical appointments and follow your doctors’ recommendations. If your treatment changes, let your attorney know.
Keep Your Lawyer Updated
Tell your attorney about changes in your medical condition, employment, or other circumstances that could affect your claim.
Respond to Requests for Information
Your lawyer may need medical records, employment information, photographs, insurance documents, or other evidence from you. Providing that information promptly can help keep your claim moving.
Avoid Talking About Your Claim Without Legal Advice
Insurance companies may ask questions about your accident and injuries. Before giving a recorded statement or discussing a settlement, talk to your attorney about what the insurer is asking for and why.
Davis Injury Lawyers can handle communications with the insurance company and work to keep your claim moving while you focus on your recovery.
Michigan Personal Injury Case Timeline FAQs
How long does a personal injury settlement take in Michigan?
There is no standard timeline. Some claims settle within a few months, while others take much longer due to ongoing medical treatment, disputes over liability, or disagreements over the value of the claim.
Does filing a lawsuit mean my Michigan personal injury case will go to trial?
No. Filing a lawsuit starts the litigation process, but you can still reach a settlement before trial. Settlement negotiations may continue throughout the lawsuit.
Can my personal injury case settle during discovery?
Yes. You and the defendant can reach a settlement during discovery if both sides agree to the terms. Information exchanged during discovery can also affect how each side evaluates the claim.
How long can personal injury settlement negotiations continue?
There is no universal number of days that settlement negotiations must last. The parties can continue negotiating as long as they are making progress and the applicable filing deadlines have not expired.
Will mediation delay my Michigan personal injury case?
Mediation can add another step to the litigation process, but it may ultimately save time by helping the parties settle without going to trial. Michigan’s court rules provide procedures for scheduling and conducting mediation.
Can I settle directly with the insurance company after filing a lawsuit?
If you are represented by a personal injury lawyer, the insurance company should generally communicate with your attorney about the claim. If the insurer contacts you about a settlement, tell your lawyer before discussing the amount or agreeing to anything.
Can I do anything to speed up my personal injury case?
You cannot control the insurance company’s decisions or the court’s schedule. You can help avoid unnecessary delays by following your treatment plan, responding to your attorney’s requests, providing documents promptly, and keeping your lawyer informed about changes in your injuries and circumstances.
Does going to trial always make a Michigan personal injury case take longer?
Going to trial generally takes longer than settling before trial because the case must go through the litigation process and be placed on the court’s trial schedule. However, preparing for trial does not necessarily prevent the parties from continuing settlement negotiations.
Talk to a Michigan Personal Injury Lawyer About Your Case
You should not feel pressured to settle your personal injury claim simply because the insurance company is ready to make an offer.
The right time to settle depends on your injuries, your medical treatment, the evidence supporting your claim, and the losses you have experienced. If a settlement cannot be reached, you may need to take your case to court.
Davis Injury Lawyers can investigate your claim, negotiate with the insurance company, and prepare your case for litigation when necessary. If you were injured because of someone else’s negligence, contact Davis Injury Lawyers to discuss your Michigan personal injury case.