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How Long Does It Take a Columbia Personal Injury Lawyer to Settle a Case?

  • Writer: Elevated Magazines
    Elevated Magazines
  • Sep 30
  • 4 min read

Timelines matter in personal injury cases because they directly affect when injured victims receive compensation for medical bills, lost income, and ongoing care. Some cases close in a few months, while others can stretch into years depending on the circumstances.


In Columbia, understanding how long settlements typically take helps manage expectations and reduce frustration during the process. From medical recovery to negotiations and possible litigation, every stage plays a part in shaping the overall timeline.

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What Factors Affect the Settlement Timeline?

The settlement timeline in Columbia varies depending on how complex the case is. Straightforward claims with clear liability may settle in a matter of months, while disputes requiring litigation may extend the process to two years or more.


Working with an experienced Columbia personal injury lawyer from Stewart Law Offices ensures that filings, negotiations, and legal deadlines are managed effectively. Such a skilled approach not only prevents avoidable delays but also safeguards your right to full and fair compensation. For assistance, you may visit their Columbia office at 10 Calendar Ct # 100, Columbia, SC 29206, or contact them at 803-743-4200 to schedule a consultation regarding your case.


How Long Do Medical Treatments Influence Settlements?

Medical treatment directly impacts the duration of a case. Lawyers often wait until the injured person reaches Maximum Medical Improvement (MMI), meaning their condition has stabilized, before pushing for a settlement. This prevents undervaluing future medical expenses.


Insurers generally delay negotiations until treatment concludes, since they want a complete medical record. If treatment lasts six months, the settlement process cannot realistically begin until after that period. Here is how medical stages impact the timeline:


Emergency Care and Early Recovery

During the first weeks or months, victims focus on emergency treatment, surgeries, or short-term therapies. Settlement discussions rarely start at this stage because recovery outcomes are still uncertain, and lawyers need a clearer picture of long-term medical needs.


Ongoing Treatment

When rehabilitation lasts for months, settlement talks are delayed. Lawyers avoid rushing into agreements to ensure victims receive enough for extended medical care, therapy, and related expenses. Waiting through this stage prevents undervaluing the true cost of ongoing treatment.


Reaching MMI

Once doctors confirm Maximum Medical Improvement, meaning no further significant recovery is expected, lawyers can calculate future medical costs, therapy, or disability support. This stage provides the most accurate foundation for settlement demands, ensuring fair compensation for long-term needs.


When Do Insurance Negotiations Begin?

Negotiations usually begin once medical documentation and accident evidence are complete. Insurance adjusters analyze police reports, medical bills, lost wage records, and liability details before making an offer.


The back-and-forth exchange between lawyers and insurers may take weeks or months. Some cases settle quickly if liability is clear, but when insurers dispute fault or damages, negotiations stretch out longer.


How Does Litigation Affect the Timeline?

Litigation can add significant time to a case. If settlement talks fail, filing a lawsuit in Richland County or another South Carolina court becomes necessary. This step alone may extend the case by 12 to 24 months.


Court schedules, discovery (the exchange of evidence), depositions, and masterful testimony all lengthen the process. According to the South Carolina Judicial Department, civil cases may take more than a year to reach trial depending on caseloads and complexity.


What Role Does Liability Dispute Play?

Liability disputes often slow settlements. If both parties argue over who caused the accident, investigations expand. Evidence such as surveillance footage, witness statements, and accident reconstruction reports may be required.

South Carolina follows a modified comparative negligence rule under S.C. Code Ann. § 15-38-15. This means if the injured party is more than 50 percent at fault, they cannot recover damages. Establishing liability clearly is essential for a timely settlement.

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How Do Settlements Compare in Minor vs. Severe Cases?

Smaller claims, such as minor car accidents with clear injuries, can settle in under six months. These cases often involve lower damages and straightforward liability, especially when they stem from collisions on busy roads like Two Notch Road or Forest Drive, where fender-benders are common.


Severe cases involving permanent injuries, wrongful death, or long-term disability may take years. Higher settlement values attract more pushback from insurers, making extended negotiations likely. When such disputes cannot be resolved, they often proceed through the Richland County Judicial Center, where complex claims demand thorough preparation and persistence.


When Should You Expect Payment After Settlement?

Once a settlement agreement is signed, payment usually arrives within 30 to 60 days. The insurer sends the funds to the attorney, who deducts legal fees and outstanding medical liens before issuing the client’s share.


Delays may occur if multiple parties are involved, such as hospitals or government benefit programs seeking reimbursement. Still, most victims receive payment within two months after finalizing a settlement.


What Can You Do to Speed Up the Process?

Clients can help shorten settlement timelines by being proactive. Responding quickly to lawyer requests, providing accurate documents, and keeping organized expense records allow attorneys to present strong evidence without unnecessary delays. Attending all scheduled medical appointments and strictly following treatment plans also demonstrates commitment to recovery, strengthening the credibility of the case.


Consistent communication with the lawyer is equally important. Staying in touch ensures no deadlines are missed and clients remain informed throughout the process. These proactive steps reduce setbacks and keep settlement progress moving steadily forward.


FAQs

How long do most personal injury cases take in Columbia?

Most cases settle within 6 to 18 months, but severe or disputed cases may extend beyond two years depending on court involvement.


Can I settle my case while still receiving medical treatment?

Yes, but it is not recommended. Settling too early risks underestimating future medical expenses. Lawyers typically wait until treatment stabilizes or MMI is reached.


Do all personal injury cases go to trial?

No, most cases settle out of court. Only a small percentage proceed to trial when insurers refuse to offer fair compensation.


How do lawyers get paid in personal injury cases?

Lawyers usually work on a contingency fee basis, meaning they receive payment only if the case is won or settled. The fee is typically a percentage of the recovery amount.


Conclusion

Settlement timelines depend on treatment duration, insurance negotiations, liability disputes, and whether litigation becomes necessary. While some cases may resolve in months, others require years of effort and evidence gathering.

Patience and preparation are key. By working closely with a Columbia personal injury lawyer, injured victims can protect their rights while ensuring fair compensation, even if it takes time to achieve.

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