Personal injury claims are civil lawsuits that allow an injured party to seek compensation from another responsible party for damages caused by negligence or wrongful conduct. These claims involve physical or emotional injury suffered as a result of another’s careless behavior.

Depending on the case’s specific facts, a personal injury claim may be filed against any person or entity whose negligence or recklessness contributed to the harm the victim sustained.

Most personal injury cases are resolved through either settlement negotiations or court proceedings. In many cases, personal injury claims are filed with the help of an attorney because it may be necessary to prove negligence to receive compensation.


Factors Affecting the Timing of Your Personal Injury Case

The amount of time it takes to resolve a personal injury case depends on many factors, such as complexity, availability of witnesses, evidence, and any issues related to liability or damages.

A personal injury lawsuit takes 5-7 months to complete, from initial filing through settlement or verdict. Yet, some cases can take up to 2 years or even longer if litigation is involved.

Complexity of the Case

The more complex the circumstances surrounding the incident, the longer it may take to settle.

This complexity can be determined by factors such as the following:

For example, if the case involves multiple parties and complicated legal issues, it may take much longer to resolve than a more straightforward one-on-one situation.

Additionally, if new evidence is uncovered or the parties disagree on specific details, this could add additional delays that can slow down the process. 

Amount of Damages

Higher damages require additional investigation and analysis from both sides, which can delay proceedings until both parties agree on the amount due to the claimant.

The complexity of determining damages will also increase with more severe injuries, as there may be long-term effects that need to be accounted for when calculating overall compensation from a defendant.

If the plaintiff seeks a significant award, both sides may need more time to negotiate and reach an equitable agreement. On the other hand, smaller awards are likely to result in quicker personal injury settlement times since there is less money at stake and, therefore, less incentive for either side to haggle over every point.

Severity of Injuries

Injuries sustained in a personal injury case can range from minor cuts and bruises to life-altering disabilities. The severity of these injuries plays a vital role in determining how quickly a claim is resolved.

It can take longer for those with severe or permanent damage to receive appropriate medical attention or therapy before negotiations begin.

If legal action needs to be brought against multiple defendants due to their involvement in causing or failing to prevent harm, this could also prolong proceedings.

Defendant’s Willingness To Settle

When settling personal injury claims, much depends on how willing defendants are to negotiate fair terms with claimants.

If they are unwilling to consider compromise or negotiation with the plaintiff, this could lead to drawn-out court proceedings that take much longer than initially anticipated.

On the other hand, if both sides can agree on some common ground through negotiation and mediation sessions outside of court, then events can move much more quickly with fewer delays along the way.


The Process of Filing a Personal Injury Claim

Filing a personal injury claim involves the following steps:

Medical Treatment

Medical treatment is an essential component of filing a personal injury claim. For the claim to be successful, the plaintiff must establish that the defendant’s negligence caused their injury.

Medical treatment and records can provide evidence to support this assertion. This could include attending doctors’ appointments, taking prescribed medications, undergoing tests and scans, or having surgery.

To file a successful personal injury claim, accident victims should seek medical attention for serious injuries soon after their accident and ensure they keep detailed records of any tests, procedures, medications, or treatments they receive.

Any out-of-pocket expenses incurred upon seeking medical care, e.g., co-pays or drug costs, must also be documented for the injured party to receive complete reimbursement and compensation.

Diagnoses from a medical professional can also demonstrate the severity of the injuries sustained due to negligence. The injured party should document any conversations they have with their medical provider regarding the injury and its prognosis.

The more detailed records they have of their medical treatment and their conversations with their doctor, the more likely their claim will be successful.

Meeting with an Experienced Personal Injury Attorney

Meeting with an experienced personal injury attorney is essential to filing a personal injury claim. An attorney can provide invaluable insight into the legal process and help protect your rights in court.

An experienced personal injury lawyer will give you the best chance of obtaining a fair settlement or award for your injuries. They can give you an idea of what type of monetary damages you may be entitled to receive as part of the claim.

During a meeting with a personal injury lawyer, they will evaluate pertinent details such as medical records and accident reports to determine if you have a viable case. They can guide you on best moving forward with your case based on the facts and evidence available.

Your lawyer should explain the steps and procedures involved in filing the claim and any applicable state laws and statutes that may affect your case. They will be able to advise you on any deadlines surrounding the filing of your claim, ensuring that all paperwork is submitted on time so that there is no disruption in the proceedings or potential delays in being compensated for your damages.

The lawyer will also be able to advise you on how to handle negotiations with insurance companies and help negotiate a settlement that is fair to both parties.

Negotiating a Settlement

After all relevant evidence and documents have been gathered, an insurance company or related party will present a settlement offer to both parties.

The offer may include some variation of payment for medical bills, property damage, missed wages, and other compensation.

During negotiations, the plaintiff’s attorney will leverage legal strategies to obtain the best possible outcome for the client. This may include presenting evidence that was previously unacknowledged, as well as negotiating with multiple insurers to maximize the settlement value.

Negotiations may also involve deciding how much (if any) punitive damages should be awarded as part of the settlement agreement.

Ultimately, the injured and at-fault parties must reach an amicable agreement before finalizing the settlement and dispersing funds accordingly.

Filing a Personal Injury Lawsuit

If a settlement doesn’t work out, the next step is to file a personal injury lawsuit. This can involve obtaining legal counsel and filing paperwork with the court, such as a complaint or petition.

The lawsuit must be filed in a court with jurisdiction over all parties involved and must be accompanied by the relevant paperwork related to the claim. Generally, this consists of submitting documents explaining why the claimant believes they are entitled to compensation due to the defendant’s negligence or intentional act.

Evidence supporting their argument should be included, such as medical records and financial losses from the incident.

Discovery, Mediation, and Trial

The lawsuit will then proceed to the discovery phase. This includes collecting documents and evidence, interviewing witnesses, and taking depositions from parties involved in the case.

During discovery, both parties must disclose all relevant records and answer questions from each side’s legal counsel. This allows the exchange of evidence and information, which can help the parties settle the claim out of court or prepare for trial.

Mediation is an informal and confidential way to resolve disputes without going through a full trial. In mediation, both sides come together with their lawyers present to negotiate a settlement.

The mediator acts as an unbiased third-party to facilitate constructive communication between the parties and provide guidance to reach an acceptable resolution for both sides. 

Trial is the last stage of filing a personal injury claim and occurs when both parties cannot reach an agreement during settlement negotiations or mediation. It involves presenting evidence before a jury, and deciding whether the plaintiff should receive any damages or compensation.

Presentation of witnesses, cross-examining opposing witnesses, and closing arguments are all part of this process to determine if the defendant was at fault for causing the injury.


Verdict is the final decision in a personal injury claim, determined by either a jury or judge. It signifies the case’s resolution and establishes that one party is legally responsible to another due to an accident or incident.

After both parties have presented all evidence and the claimant has argued their case, the judge or jury will make a ruling on fault and damages for the injured party based upon their findings. This occurs after both parties have made closing arguments and submitted their proposed verdict forms.

The verdict must be unanimous. It may come in the form of a written document detailing the judge’s or jury’s ruling.

This ruling can determine which party should pay monetary damages for medical expenses, lost wages, and pain and suffering associated with the injury.

Depending on state law, it may also include punitive damages as well as compensatory damages.

The verdict serves as the legal basis for awarding compensation to the injured party. If either party is dissatisfied with the outcome of their case at trial, they can appeal to higher courts to seek a new trial or review of the original proceedings.

In addition, if there’s any criminal activity involved in the accident, it may be necessary to follow up with a criminal prosecution that could result in jail time for those found guilty of negligence or other related offenses.


The compensation an individual can receive will depend on the specifics of their injury and the resulting damages.

Generally, the claimant is eligible to collect the settlement amount meant to cover medical expenses, lost wages due to time away from work, any altered lifestyle changes caused by the injury, and pain and suffering.

In some cases, punitive damages may also be awarded if it can be demonstrated that a reckless or intentional party was responsible for the harm suffered.

Claimants need to understand their rights and entitlements before submitting a claim so they can ensure an appropriate resolution for their case.

Additionally, legal representation is often beneficial in collecting full compensation as attorneys have extensive knowledge of personal injury law and will work hard to get you what you deserve.


Choose the Right Personal Injury Attorney with Frantz Law Group

If you’re about to file a personal injury lawsuit, having a qualified and experienced personal injury attorney is crucial.

The Frantz Law Group’s catastrophic injury attorneys offer a trust-based attorney-client relationship. We have specialized experience handling these cases and understand the unique challenges that come with them. Our attorneys can provide you with legal advice and an understanding of the claims process. They also offer access to resources that help secure financial compensation for medical expenses, lost wages, and pain and suffering.

If you or a loved one has suffered from a catastrophic injury, our law firm is here to provide the necessary support to protect your rights. Our extensive experience has helped several clients negotiate settlements with insurance companies or pursue the litigation process when needed.

Call us today for a free consultation and case evaluation.