How Long is Too Long?
In 2021, I was rear-ended by a company vehicle while stopped on a freeway in California. The driver admitted full responsibility, but the impact was severe enough to knock my phone out of its mount and leave me injured.
Since then, I’ve been going to physical therapy for persistent lower back pain, and I’ve had to miss work for about a year while undergoing various treatments for aches and soreness. Unfortunately, my case has progressed very slowly toward a settlement. As a result, I’ve fallen significantly behind on rent and find myself in a financial predicament. Every time I receive any money, it goes toward the debts I’ve accumulated during my injury and rehabilitation process.
My question is: how long should a settlement take? At one point in 2024, we had a mediation session where my attorney suggested we were close to a resolution. However, the other party was unwilling to negotiate. My attorney shifted from a claim of $1 million down to $250,000, and they rejected all those offers. They finally indicated they might settle for around $60,000, which I find absurd.
My lawyer keeps telling me, “This is the next step,” and that it should take between (X) and (XX) days, yet it always seems to stretch out to the maximum time. After each step, there are always additional 30 to 60-day delays.
At this point, I’m incredibly frustrated. I’m starting to think this process could drag on for 5 or 6 years, only to settle for a minimal amount. What’s the usual timeline for delays in cases like this? Should I accept whatever they offer now, or hold out for a potentially long wait for a better settlement?
I’m really sorry to hear about your situation. It sounds incredibly frustrating, especially after going through such a traumatic experience and dealing with the ongoing pain and financial difficulties. Unfortunately, personal injury cases can sometimes take a long time to settle, especially when negotiations get complicated.
In general, there’s no standard timeline for how long a settlement should take, as it can vary widely based on the specifics of the case, the willingness of the other party to negotiate, and the legal strategies involved. However, it’s not uncommon for these cases to take several months or even years to reach a resolution, especially if there are ongoing medical treatments and evaluations involved.
It sounds like your attorney has tried to negotiate but is hitting a wall. If you feel that the settlement offers are not fair considering your injuries and lost wages, it might be worth discussing with your attorney about the possibility of pursuing litigation if negotiations continue to stall. This could potentially push the case towards a resolution more quickly if the other party sees that you’re serious about going to court.
It’s also understandable to feel tempted to accept any offer just to relieve the financial pressure you’re in. Before making any decisions, I recommend having an open and honest conversation with your attorney about your concerns, the potential outcomes of waiting versus settling now, and what they believe is the best course of action given your circumstances.
Ultimately, it’s important to prioritize your health and financial well-being in this process, so make sure you weigh your options carefully. You’re not alone in feeling frustrated with this process, and seeking advice from professionals in the field could provide you with additional clarity.