One of the questions I’m regularly asked is “how long will it take until my claim settles”. I usually answer this question by saying “how long is a piece of string?” The reason I respond that way is because it is virtually impossible when clients first see me to be able to give a precise answer as to when their claim might settle.
My general advice to clients is that I won’t recommend they enter into settlement discussions until they have reached maximum medical improvement.
What this means is that they at a point in their recovery where they have exhausted all of the possible treatment and investigations into the cause and solution to their injuries (including visits to specialists and potentially surgery). Once they are “as good as they are going to be”, I recommend that the wait another three months. The reason for waiting another three months is that it takes you into another season and you may do different activities and that new season that aggravate your injuries in a manner such that you realize that perhaps you are not at maximum medical improvement. If after the three months “buffer” the client still feels that he or she has stabilized, I will collect all of the medical information and review the client status with the client. It is at that point that I will enter into settlement discussions with the insurance company for the other driver.
It is not unusual for 2 to 3 years to pass between the time of the accident and the time when a client reaches maximum medical improvement. Whether are not the claim settles at that time will depend upon a number of factors which include whether there is a large income loss claim, who the insurance company is for the other party and who the adjuster is for the other party.
Since the introduction of the “minor injury regulation”, cases have tended to take longer to settle as the insurance companies basically take the position that virtually all cases are “minor” and it is necessary to collect more medical evidence to prove otherwise.