Key Takeaways
- Most Cases Settle: The vast majority of personal injury cases settle before trial, typically within 1-2 years.
- Trials Take Longer: Cases that go to trial typically take 2-3+ years from accident to verdict.
- Your Case Is Unique: Complexity, the defendant's strategy, court schedules, and your medical treatment all affect timing.
You've been injured. You've hired a lawyer. Now you want to know: how long until this is over? Unfortunately, personal injury cases don't run on a predictable schedule. But understanding the typical timeline—and what can speed things up or slow them down—helps set realistic expectations.
The Short Answer
Simple cases with clear liability: 6 months to 1 year
Moderate cases requiring negotiation: 1-2 years
Complex cases going to trial: 2-4+ years
Most personal injury cases settle. Trials are the exception. But even settlements take time when significant money is at stake.
The Stages of a Personal Injury Case
Stage 1: Medical Treatment (Ongoing)
Before your case can be evaluated, you need to know the full extent of your injuries. Settling too early means potentially leaving money on the table if your condition worsens or requires more treatment.
For serious injuries, reaching "maximum medical improvement" (MMI) — the point where your condition is stable and predictable — can take months or even years. Your attorney will generally wait until you've reached MMI before making a settlement demand, because settling before you understand the full extent of your injuries almost always means leaving money on the table. Thorough medical documentation throughout your treatment is essential for building the strongest possible case.
Timeline: Weeks to months, sometimes longer for serious injuries.
Stage 2: Investigation and Demand
Once your treatment picture is clear, your attorney:
- Gathers all medical records and bills
- Documents lost wages and other economic losses
- Investigates liability (fault) issues
- Calculates your damages
- Prepares and sends a demand letter to the insurance company
The demand letter presents your case and asks for specific compensation. Most insurers respond within 30-60 days, though they're not required to.
Timeline: 2-4 months after treatment stabilizes.
Stage 3: Negotiation
After your demand, the insurance company typically responds with a counteroffer. Often, their first offer is low—sometimes insultingly so. Negotiation follows.
Back-and-forth negotiation can resolve many cases. If both sides are reasonable and the numbers aren't too far apart, cases settle at this stage. If the insurer refuses to offer fair value, litigation becomes necessary.
Timeline: 1-6 months of active negotiation.
Stage 4: Filing Lawsuit
If negotiation fails, your attorney files a lawsuit. In Oklahoma, you must file within the statute of limitations — generally two years from the date of injury for personal injury claims under 12 O.S. § 95. Missing this deadline permanently bars your claim regardless of its merits.
Filing a lawsuit doesn't mean you've given up on settlement. Many cases settle after filing, sometimes even during trial. But litigation changes the dynamics and timeline.
Timeline: Filing takes days; litigation takes much longer.
Stage 5: Discovery
Discovery is the formal process of exchanging information between the parties. This includes:
- Interrogatories: Written questions that must be answered under oath
- Requests for production: Demands for documents
- Depositions: Recorded, sworn testimony from parties and witnesses
- Medical examinations: The defendant may require you to be examined by their doctor
Discovery is time-consuming and often contentious. Disputes over what must be disclosed can further slow the process.
Timeline: 6-12 months, sometimes longer.
Stage 6: Motions and Pre-Trial
After discovery, parties may file motions asking the court to rule on legal issues before trial. Summary judgment motions argue that one side should win without trial because there are no disputed facts. These motions take time to brief and argue.
Pre-trial conferences, mediation, and other settlement discussions continue throughout this period. Many cases settle on the courthouse steps after all the pre-trial work is done.
Timeline: 3-6 months for motions; varies for settlement discussions.
Stage 7: Trial
If the case doesn't settle, it goes to trial. Oklahoma trial courts have crowded dockets, so getting a trial date can take months after you're otherwise ready.
The trial itself typically lasts 2-5 days for most personal injury cases, though complex cases can run longer.
Timeline: Trial date often 6-12+ months after discovery closes.
Stage 8: Post-Trial and Appeals
If there's a verdict, the losing party may file post-trial motions or appeal. Appeals can add another 1-2 years before final resolution.
Most trial verdicts stick, but the possibility of appeal means even a "win" isn't immediately final. During the appeals process, the plaintiff typically cannot collect on the verdict, which adds financial pressure to an already exhausting process. Understanding this possibility from the outset helps set realistic expectations about the total timeline from accident to final resolution.
What Affects Your Timeline
Severity of Injuries
More serious injuries mean longer treatment, longer recovery, and higher stakes—all of which extend the timeline. A simple soft tissue injury case moves faster than a traumatic brain injury case.
Liability Disputes
When fault is clear, cases resolve faster. When both sides have arguments about who caused the accident, the case takes longer because there's more to litigate. Oklahoma's comparative negligence system means that even partial fault allegations require careful factual development, expert analysis, and often depositions of multiple witnesses — all of which add time.
Insurance Company Behavior
Some insurers settle reasonable cases quickly. Others delay, lowball, and force litigation. Which company you're dealing with significantly affects timing.
Number of Parties
Cases with multiple defendants (a truck driver and trucking company, for example) are more complex and take longer as each defendant has its own attorneys and strategies.
Court Docket
Oklahoma courts are busy. How quickly you get a trial date depends on which court you're in and what its backlog looks like.
Your Medical Treatment
You control some of the timeline through your treatment choices. Following medical advice, attending all appointments, and not rushing to settle before you've recovered all affect timing.
Should You Settle Early?
Insurance companies sometimes make early settlement offers hoping to close cases cheaply before victims understand the full extent of their injuries.
Early settlement can make sense if:
- Your injuries are minor and fully healed
- You need money quickly and the offer is fair
- The liability issues are complicated and going to court is risky
Early settlement is usually a mistake if:
- You're still treating
- Your condition might worsen
- The offer is far below what your case is worth
Your attorney can help you evaluate whether an early offer makes sense for your specific situation. Understanding what your case is worth requires knowing the full scope of your injuries, your future treatment needs, and your lost earning capacity — information that usually isn't available until well after the initial offer arrives.
Frequently Asked Questions
How long does a personal injury lawsuit take in Oklahoma?
Most personal injury cases take 1 to 3 years from injury to resolution. Simple cases with clear liability may settle in months, while complex cases involving severe injuries or disputed fault can take longer.
How long do I have to file a personal injury lawsuit in Oklahoma?
Oklahoma's statute of limitations is two years from the date of injury for most personal injury claims. Missing this deadline means you permanently lose the right to file suit. But don't wait until the deadline approaches — filing early gives your attorney time to build the strongest possible case, and early investigation preserves evidence that might otherwise be lost.
What factors most affect how much my case is worth?
The severity and permanence of your injuries, the clarity of liability, the available insurance coverage, and the strength of your documentation all affect case value. Medical expenses, lost wages, and pain and suffering are the primary damage categories. Cases with clear liability and well-documented injuries consistently achieve better outcomes than those where the injured person waited to seek treatment or failed to follow medical advice.
Should I accept the first settlement offer?
Usually, no. First offers from insurance companies are typically well below the actual value of your claim. Accepting before you've reached maximum medical improvement means you may not know the full extent of your damages.
When does a personal injury case go to trial?
Only about 3-5% of personal injury cases go to trial. Most are resolved through negotiation or mediation. Cases go to trial when the parties can't agree on liability, damages, or both — and both sides believe they'll do better in front of a jury.
Questions About Your Case Timeline?
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