If you have been injured because of someone else’s negligence, you may be wondering how long it takes to settle a personal injury case in Tennessee. The answer depends on several factors, including the severity of the injury, the time needed for medical treatment, and how the insurance company responds.
In this blog, we break down how long it takes to settle a personal injury case in Tennessee, the key factors that affect the timeline, and why working with an experienced Memphis personal injury attorney at Mogy Law Firm can help you secure fair compensation without unnecessary delays.
Key Factors That Affect How Long a Personal Injury Case Takes
Several factors can influence the timeline of a personal injury case in Tennessee. Each element plays a role in how quickly a claim may settle or require further legal action.
Severity of Injuries
More serious injuries usually extend the time it takes to settle a personal injury claim. Cases involving traumatic brain injuries or spinal damage often require long-term medical care. A personal injury lawyer will often wait until the injured party reaches maximum medical improvement. This helps ensure the settlement covers all future medical expenses.
Length of Medical Treatment
The case cannot move forward until medical treatment is complete or stable. Insurance companies need full medical records before considering a fair settlement offer. If the injured party is still receiving treatment, the case may take several more months. A quick settlement without knowing the full extent of the injury often leads to lower compensation.
Disputed Liability or Multiple Parties
When liability is unclear, or when the case involves multiple parties, the legal process takes more time. A personal injury attorney must collect evidence to prove fault. This includes accident scene photos, witness statements, and expert opinions. Under Tennessee’s comparative fault law (Tenn. Code Ann. § 29-11-103), shared responsibility can reduce or block financial compensation.
Insurance Company Delays
Insurance companies may slow the process to reduce their payout. They might question medical bills, ask for more documents, or deny parts of the claim. These tactics delay settlement negotiations. An experienced personal injury attorney can apply pressure and keep the case moving toward resolution.
Filing a Lawsuit
If the parties cannot agree on a fair settlement, the personal injury lawyer may file a lawsuit. This shifts the case into litigation, adding time for court filings, discovery, and depositions. While most personal injury cases settle before trial, preparing for court can still extend the overall timeline.
The Legal Timeline of a Tennessee Personal Injury Case
Each personal injury case follows a series of legal steps that affect how long it takes to reach a settlement or verdict.
Step 1: Get Medical Attention and Document Everything
The injured party should seek medical attention immediately. Medical records help prove the seriousness of the injury and link it to the accident. Delayed treatment can hurt the case. It’s also important to gather other evidence early, including photos of the accident scene and contact information for witnesses.
Step 2: Hire a Personal Injury Attorney
An experienced personal injury lawyer will handle communication with the insurance company and protect your legal rights. The attorney will collect medical bills, review insurance coverage, and begin building the personal injury claim. Early legal help can make the process more efficient and improve the chance of a fair settlement.
Step 3: File an Insurance Claim
The personal injury attorney will notify the insurance company of the claim. This starts the process of settlement negotiations. The insurer may ask for medical history, proof of lost wages, and other evidence. If the injury is still being treated, the lawyer may advise waiting before accepting any settlement offer.
Step 4: Settlement Negotiations
Many personal injury cases settle during this stage. The lawyer will present medical expenses, future medical needs, lost income, and other damages. The insurance provider may respond with a low offer. It can take several rounds of negotiation before both sides agree on a fair settlement.
Step 5: File a Personal Injury Lawsuit if Needed
If the insurance company does not make a fair settlement offer, the attorney may file a lawsuit. This starts the litigation process. The injured party must file within one year of the accident under Tennessee law (Tenn. Code Ann. § 28-3-104). Missing this deadline means losing the right to compensation.
Step 6: Discovery Phase and Pretrial
During discovery, both sides exchange evidence. This includes medical records, witness statements, expert reports, and other documents. Depositions may also take place. Discovery can take several months, depending on how much evidence is involved.
Step 7: Mediation, Trial, or Final Settlement
Before trial, the court may require mediation with a neutral third party. If the case still does not settle, it goes to trial. Trials take time to schedule and prepare. Most personal injury cases settle before this point, but serious injuries or disputed facts can lead to a courtroom decision.
Average Timeframes for Personal Injury Settlements
The time it takes to settle a personal injury case in Tennessee can vary based on the details of the injury, the legal process, and the actions of the involved parties.
Fast Settlements: A Few Months
Some personal injury claims settle within two to six months. These are usually cases involving minor injuries, clear liability, and full insurance coverage. If the injured party finishes treatment quickly and the insurance company accepts fault, a personal injury attorney can often reach a settlement without filing a lawsuit.
Moderate Cases: Six to Twelve Months
Most personal injury cases fall into this range. These claims may involve moderate injuries, lost wages, and some negotiation with the insurance provider. The injured party may need several months of medical treatment. An experienced personal injury lawyer will wait until medical care is complete before entering serious settlement talks.
Complex Cases: Over One Year
Cases involving severe injuries, future medical care, or multiple at fault parties often take more than a year. Medical malpractice, catastrophic injuries, or disputed liability can lead to delays. If a personal injury lawsuit is filed, the discovery phase and court schedule can add more time. A fair settlement may still be possible during the process, but a trial could extend the case further.
Why You Need an Experienced Personal Injury Lawyer
A skilled personal injury attorney can protect your rights, manage the legal process, and help you seek full compensation after an injury caused by someone else’s negligence.
Legal Knowledge and Case Strategy
An experienced personal injury lawyer understands Tennessee personal injury law, including the statute of limitations and how to prove fault. For example, injured parties have only one year to file a lawsuit. A lawyer also knows how to gather the right evidence, use medical records, and present a strong case to the insurance company or court.
Dealing with Insurance Companies
Insurance providers often try to settle quickly for less than what a case is worth. They may deny parts of the claim or delay responses. An experienced personal injury attorney can push back. Lawyers understand how insurance companies work and use that knowledge to negotiate fair settlement offers. Without legal help, injured parties may accept less than they need to cover medical expenses and lost wages.
Calculating the Full Value of a Claim
Most personal injury cases involve more than just medical bills. Future medical care, lost income, and pain from severe injuries must also be considered. A personal injury lawyer looks at the full impact of the injury. This helps prevent an unfair settlement that leaves the injured party with unpaid expenses.
Taking the Case to Court if Needed
If the insurance company refuses a fair offer, a lawyer can file a personal injury lawsuit. The litigation process includes filing, discovery, depositions, and trial preparation. Having legal representation from the start gives the injured party the best chance of success if the case goes to trial.
Mogy Law Firm Fights for Injured Clients
Mogy Law Firm represents injured individuals in Memphis and across Tennessee. Their team has years of experience handling personal injury cases involving car accidents, medical malpractice, and serious injuries. They offer free consultations and do not charge legal fees unless they win. Mogy Law Firm focuses on helping clients recover full compensation through strong legal action and smart negotiation.
Contact an Experienced Memphis Personal Injury Lawyer Today!
If you’ve been injured because of someone else’s negligence, it’s important to act quickly. The sooner you speak with a qualified attorney, the better your chances of securing fair compensation for your medical expenses, lost wages, and other damages. At Mogy Law Firm, our experienced Memphis personal injury attorneys are here to protect your rights and handle every step of your case with focus and care.
Contact us at (414) 334-5472 for a free case review today!
