Interviewer: How long could a case potentially last?
Many Cases Can Be Resolved in 3 to 12 Months
Kevin Roach: It really depends on the amount of treatment somebody needs. I’ve had cases that go on for several years. It just depends on the situation. A typical auto accident case that I handle usually is resolved within six months to a year. I would say that’s probably the average timeframe.
Cases with more serious injuries take longer to resolve because treatment normally lasts longer and the damages are higher. For instance, if someone has surgery their recovery time and physical therapy could last over a year. You normally can’t settle the case until their treatment is completed because you don’t know what the total damages are.
The Attorney Will Send a Demand Letter to Insurance Company, Usually 30 Days after the Medical Treatment Is Completed
Once they're released from treatment, we’re in a position where we can get a demand sent out to the insurance company usually within 30 days. Then, after the insurance company gets our formal demand for settlement they normally respond within a couple of weeks.
Once the negotiations start with the insurance company we can normally tell if the case will settle or if we are going to file a lawsuit. If we have to file a lawsuit the cases obviously take longer to resolve.
In St. Louis County, once you file suit, it’s typically either settled or tried within a year’s time. There’s a local rule here that says that the case can’t go over that year.