“Do these cases really take years?”
It’s one of the most common and emotionally loaded questions we get from clients. The short answer is that it depends — but most personal injury cases don’t take as long as you might fear. In fact, many resolve within 12 to 24 months, as long as treatment progresses and the insurance company negotiates in good faith.
Why Your Medical Treatment Timeline Matters Most
We can’t begin negotiating your claim until we fully understand the scope of your injuries and what your future looks like. That means we wait until you’ve either completed treatment or your doctors provide a long-term prognosis. Once we reach that point, we gather your records, bills, and provider reports. This often takes about three months after treatment ends. This protects your right to full compensation — because once you settle, your case is closed. If your condition worsens afterward, you can’t go back and ask for more money.
Sending a Demand vs. Reaching a Settlement
Sending a demand does not mean your case is settled. It starts the negotiation process. Some insurers respond fairly. Others delay, deny, or make lowball offers. If the insurer refuses to negotiate in good faith, we will file. That may be for arbitration, if your case is under $100,000, or a lawsuit if the case is larger or more complex.
What Happens If We File
Filing doesn’t mean you’re going to trial next week. It means we’re preserving your rights and moving forward. Arbitration is common for cases under $100,000 and typically resolves within 6 months of filing. Lawsuits, especially in superior court, can take 12 to 18 months. Many still settle before trial during discovery or mediation.
See Anatomy of a Personal Injury Trial: https://scottlawseattle.com/the-anatomy-of-a-personal-injury-trial/
Don’t Miss the 3-Year Deadline
Washington has a strict three-year statute of limitations for most personal injury claims: https://app.leg.wa.gov/rcw/default.aspx?cite=4.16.080 . That means we must settle or file within three years of the date of the injury. We track this closely and will prepare to file well in advance if you’re still treating. The goal is always to protect your claim, not rush your care.
Let’s Talk About Your Timeline
If you’ve been injured in an accident and want to understand what your case might look like, we offer free consultations. There’s no pressure, just answers. Visit our contact page to schedule your appointment.
👉 Schedule Your Free Consultation
Frequently Asked Questions About Case Timelines
What if I’m still treating at 2.5 years after the accident?
If you’re still receiving medical care close to the three-year mark, we’ll begin preparing to file a lawsuit to protect your legal rights. Washington law gives you three years from the date of the incident to either settle your claim or file in court. We will not wait until the last minute. Even if you’re still treating, filing ensures your claim remains active.
Why do we wait until after treatment to send a demand?
Because we only get one chance to resolve your case. If we send a demand while you’re still recovering, we risk undervaluing future treatment, long-term impacts, or lasting disabilities. Once your case is settled, it is closed forever — even if your condition worsens. Waiting ensures your full damages are documented and properly valued.
Can we send a demand now and settle later?
Technically yes, but it is risky. If we send a demand before your treatment is complete or before we have all the necessary documentation, the insurance company will likely base their offer on incomplete information. That usually results in lowball offers and can hurt your chances of full recovery. We prefer to negotiate from a position of strength.
Will my case settle right after the demand is sent?
It might and we hope it does. But that depends entirely on the insurance company. Some adjusters act in good faith and respond promptly with fair offers. Others delay, question medical care, or refuse to negotiate seriously. If we can’t reach a fair agreement, we don’t waste your time. We file and keep moving forward.
What if the insurance company won’t make a fair offer?
That’s when we move out of the informal phase and file. Depending on your case value, we may file for:
- Arbitration if your case is valued under $100,000
- Litigation for higher-value or more complex cases
This is often where the insurer starts taking your case seriously. Many claims settle during discovery or at mediation once we file.
More on this here: What to Expect in a Washington State Mandatory Arbitration https://scottlawseattle.com/understanding-mandatory-arbitration-in-king-county-washington-a-guide-for-personal-injury-clients/
What if my doctor or clinic is slow to send records?
Unfortunately, delays from medical providers are common. Some offices take weeks, or even months, to respond. We monitor this closely and send multiple follow-ups. If we continue to face delays, we may ask you to follow up directly. We know it’s frustrating, but timely records are critical to building a strong case.
Can I speed up my case?
You can’t control everything, but you can help. Here’s how:
- Be consistent with your medical appointments
- Follow your doctor’s recommendations
- Let us know if you start seeing a new provider
- Respond promptly to any requests from our office
- Notify us of any updates in your condition
These small steps help us keep your case on track and avoid unnecessary delays.
What happens if we hit the 3-year deadline and I’m still not better?
We file. We will never let the statute of limitations expire without protecting your claim. Filing a lawsuit allows your case to remain active while you continue receiving care. It doesn’t mean you’re going to trial tomorrow — it just keeps the legal door open while we keep building the strongest case possible.
How You Can Help Move Things Forward
While we handle the legal process, you can help by:
- Attending all medical appointments and following through on treatment
- Notifying us about new providers, referrals, or changes in condition
- Responding quickly to our requests
- Asking providers to release records in a timely manner