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  • The Gerring Law Firm

How long will my case take?

Updated: Oct 29, 2019

The answer to this varies on a case by case basis. Truthfully there is no simple way to calculate with any accuracy how long your case will take or how much it is worth, especially at the onset of your case. There are many variables that can affect the length of the case, the most important of which is how severely you were hurt.

The more injured that you are, the more treatment you will likely receive. If you have to see specialists, this can add a significant amount of time. If you are required to see an orthopedist and surgery is recommended, this could add significant rehabilitation time with a physical therapist, something that can add many months on to your case.

As your cases progresses, my role as your attorney is to collect your records and bills. I cannot and do not negotiate with the insurance company until I have all of your records and bills. You must be fully released from treating before all of your records are available. This is the first step.

The second step is that I must put together a demand for the insurance company. I write all demands unique to every case. I attach all of your records and bills to this demand. I ask that the insurance company respond to our demand within 30 days of receipt. The insurance company technically has longer than 30 days to respond to the demand. Under RSMO 537.058 passed in 2017, the new law allows insurance companies 90 days to review the demand. Despite this, I am usually able to get an initial offer on your case within 30 days of sending the demand to the adjuster (especially on smaller cases).

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Communication between lawyer and client is important for best outcome, no matter if your case takes one day or three years.

The insurance company does not always make initial offers that are fair. Often there will be a period of negotiation with the insurance company. During this time I will go back and forth with them as to why I believe your case worth more than they are offering. Sometimes, but not always, insurance companies will raise the amount of their offer incrementally over several rounds of negotiations.

If the insurance company makes a reasonable offer within 2-3 weeks of their first, you could have a settlement within 2-4 months of your accident. If they are not reasonable, the time period can take longer. There is a greater chance that your case will require a lawsuit to be filed if pre-suit negotiations draw on for a long time. Filing a lawsuit can add a significant amount of time to your case as depositions, discovery, and trial will take time to complete.

The final answer on how long your case will take is anywhere from 2 months to 2.5 years. Soft tissue injury cases only involving emergency room visits and chiropractic treatment are usually on the shorter end of that spectrum. I am able to settle a lot of those cases within 6 months of the date of accident.

Past results are not a guarantee of future outcomes. I do not want to promise you this result, as you can see there are many factors that can throw this estimate off. The only promise I will make is that I will fight hard for you and do so as efficiently as possible.

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