Most personal injury cases take several months to a few years. Some personal injury claims settle in a few weeks, while others take several years to reach a final settlement or trial verdict. The timeline depends on many factors, including the type of injury, the parties involved, and the insurance company’s response.
Many personal injury claims settle within 6 to 18 months. Complex personal injury lawsuits, such as medical malpractice or cases involving catastrophic injuries, can take two years or longer. When liability is disputed or the insurance company refuses to pay fair compensation, the litigation process can further extend the timeline.
At Recovery Law Center, accident victims in Hawaii consult us with this important question. Attorney Glenn Honda, a personal injury lawyer with 29 years of experience, often explains that every case follows a general timeline, but no two cases move at the same pace.
In this guide, we explain how long personal injury cases take in Hawaii, what affects the timeline, and what injured people can expect during the legal process.
The Basic Stages of a Personal Injury Case Timeline
A personal injury case usually follows a structured path. Each stage can take weeks or months, depending on the details of the claim.
1. Medical Treatment and Recovery
The first stage focuses on medical care. Injured people should seek medical treatment right away and follow their doctor’s instructions. Reaching maximum medical improvement is important before discussing a settlement, as doctors need time to determine long-term effects, future medical needs, and permanent impairment.
Serious injuries such as traumatic brain injuries, spinal cord damage, and catastrophic injuries often require long-term treatment. These cases take longer because medical providers must document the full impact of the injury.
2. Investigation and Evidence Gathering
While medical treatment continues, the legal team begins to gather evidence. This includes police reports, witness statements, medical documentation, photos, and video footage. Obtaining medical records can take weeks or months, especially if multiple medical providers are involved.
Gather evidence early. Evidence helps prove liability and supports a fair settlement.
3. Filing the Insurance Claim
After the investigation begins, a personal injury claim is filed with the insurance company involved. The insurance adjuster reviews the claim, interviews the injured person, and evaluates medical bills and lost wages. This stage can take a few weeks to several months, depending on how cooperative the insurance company is.
4. Demand Letter and Settlement Negotiations
Once the medical records are complete and maximum medical improvement has been reached, the personal injury attorney sends a formal demand letter. This letter outlines injuries, medical expenses, lost income, and other damages.
Settlement negotiations follow. Many personal injury claims settle at this stage. Negotiations can take weeks or months, depending on how close the parties are to a fair settlement.
5. Filing a Personal Injury Lawsuit
If negotiations fail, a personal injury lawsuit may be filed in court. Filing a lawsuit does not mean the case will go to trial. It often leads to further settlement discussions.
6. Discovery Phase
The discovery phase involves exchanging evidence, taking depositions, and reviewing detailed medical records. This stage can take several months to more than a year in complex cases.
7. Trial and Final Settlement
If the case does not settle, it proceeds to trial. Trials can last several days or weeks. After the trial, a final settlement or verdict is issued. Appeals can extend the process further.
Hawaii Deadlines That Affect Personal Injury Cases
Hawaii law sets strict deadlines for personal injury claims. Missing a deadline can end a case before it begins.
- Statute of Limitations for Personal Injury: Hawaii Revised Statutes §657-7 sets a two-year statute of limitations for personal injury claims. This means injured people generally have two years from the date of injury to file a lawsuit. Some exceptions apply, such as cases involving minors or delayed discovery of injuries.
- Medical Malpractice Deadlines: Medical malpractice claims are governed by Hawaii Revised Statutes §657-7.3. These cases must be filed within two years of the date of injury or discovery of the injury, or within six years of the act or omission.
- Wrongful Death Claims: Wrongful death claims also follow a two-year deadline in most cases. Families must act quickly to preserve their rights and gather evidence.
Factors That Affect How Long Personal Injury Cases Take
Several factors influence how long personal injury cases take. Each case is unique, but these issues commonly extend or shorten timelines.
Severity of Injuries
Severe injuries require more medical treatment and detailed medical records. Traumatic brain injuries, spinal cord damage, and permanent impairment often require future medical and long-term care planning. These cases take longer because doctors need time to evaluate long-term effects.
Disputed Liability
Clear liability speeds up the settlement process. Disputed liability slows it down. When parties disagree about who caused the accident, attorneys must gather additional evidence, interview witnesses, and sometimes hire professionals.
Insurance Company Behavior
Insurance companies control much of the timeline. Some insurance adjusters negotiate in good faith. Others delay, deny claims, or offer low settlements. When insurers refuse to pay fair compensation, a lawsuit becomes necessary.
Amount of Damages
Cases with higher medical expenses, lost income, and future medical needs often take longer. Insurers scrutinize high-value claims more closely.
Number of Parties Involved
Cases involving multiple parties, such as truck accidents or multi-vehicle car accidents, take longer. Each party has separate insurance companies and legal teams, which complicates settlement negotiations.
Court Schedules
Court calendars affect personal injury lawsuits. Busy courts can delay hearings, discovery deadlines, and trial dates.
How Long Do Most Personal Injury Claims Settle Without a Lawsuit?
Most personal injury claims settle without going to trial. Many settle within six to twelve months after reaching maximum medical improvement. Cases with clear liability and documented injuries often resolve faster. For example, a car accident with clear fault and moderate injuries may settle in a few months once medical treatment ends. Slip-and-fall claims with minor injuries may settle within a similar timeframe.
However, personal injury cases settle only when the injured person has a complete understanding of their damages. Settling too early can leave future medical expenses unpaid.
The Role of Maximum Medical Improvement in the Settlement Timeline
Maximum medical improvement is a key milestone in a personal injury case. It means doctors believe the injured person has recovered as much as possible. Some injuries heal completely, while others result in permanent impairment.
Reaching maximum medical improvement allows attorneys to calculate future medical needs, ongoing medical expenses, and long-term lost income. Settling before this point can lead to an underestimation of damages.
Settlement Negotiations and the Personal Injury Settlement Timeline
Settlement negotiations begin after the demand letter is sent. The insurance company reviews the claim and makes an offer. Negotiations can take several rounds. A fair settlement should account for medical expenses, lost wages, pain and suffering, and future medical needs. If negotiations stall, mediation or a lawsuit may follow.
The Litigation Process and Why Some Cases Take Years
The litigation process includes filing the lawsuit, discovery, motions, and trial. Each stage involves deadlines, court hearings, and legal filings. Courts also manage heavy caseloads, which can delay proceedings. Complicated cases require expert witnesses, medical professionals, and detailed financial analysis. These steps add time but help prove liability and damages.
How Recovery Law Center Approaches Personal Injury Cases
Recovery Law Center takes an organized and proactive approach to managing personal injury case timelines. From the first meeting, the legal team sets clear expectations about how the case may progress and what steps can affect the pace of resolution. Attorney Glenn Honda draws on 29 years of personal injury practice to identify early issues that could slow a claim, such as missing records, unclear liability, or gaps in medical documentation.
Throughout the process, clients receive regular updates about their personal injury claim timeline. This helps injured people understand where their case stands, what steps come next, and how the legal process affects medical expenses, lost income, and potential financial compensation.
Know the Timeline and Get the Right Legal Support
Every injury case moves on its own path. Some resolve in a few months. Others take longer because injuries heal slowly, evidence takes time to gather, or the insurance company refuses to pay a fair amount. Knowing what affects the timeline helps injured people make better decisions and avoid settling before the full impact of the injury is clear.
At Recovery Law Center, we focus on clear answers and steady progress. We explain what to expect, what steps come next, and how to protect your right to full financial compensation. Our goal is to help you understand the process and feel supported while your case moves forward. One of our clients, Carolyn J., shared their experience working with us:
I had a great experience with this personal injury law firm in Honolulu. From the moment I contacted them, they were helpful and supportive. The attorneys explained everything clearly and always kept me informed about my case. They worked hard to get me a fair settlement, and I felt like they truly cared about my situation. I highly recommend them to anyone in need of legal help.
If you or someone you love was injured, contact our personal injury lawyers at Recovery Law Center for a free consultation.
