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One of the most common questions a personal injury attorney hears from new or prospective
clients is: “How long will it take to resolve my case, and how much is my case worth?” While
these are natural concerns for anyone involved in an accident and facing medical bills, lost
wages, and pain, the reality is that no attorney can honestly answer these questions at the very
beginning of the case.
In fact, an attorney who provides a definitive timeline or an estimated settlement figure at the
outset of representation is either misleading the client or simply does not have enough
information to make such a prediction. In many cases, if someone promises you a quick
resolution or a specific dollar amount, they may not even be a lawyer.
Why Attorneys Can’t Make These Predictions Early On
At the start of any case, particularly in automobile accidents, attorneys face a number of
unknowns that directly impact both the time it will take to resolve the case and the ultimate value
of the claim. Here are some of the key factors that make it impossible to predict:
Liability: Who Is Responsible for the Accident?
In some cases, determining who is at fault is straightforward. However, in many situations,
liability is disputed. Until all the evidence is reviewed—including police reports, witness
statements, and possibly expert opinions—an attorney cannot definitively say who is legally
responsible for the accident. If liability is contested, it could delay the resolution and reduce the
value of a claim.
Insurance Coverage: How Much Coverage Is Available
Another critical unknown at the outset is how much insurance coverage is available. This
involves not only the responsible party’s insurance but also potentially the client’s own insurance
policies, such as uninsured or underinsured motorist coverage. The coverage limits are key
factors in determining how much money the client may ultimately recover. Another factor that
impacts the amount of available coverage is the number of claimants involved in an automobile
accident – often unknown at the outset of a representation. All claimants split the same “pot” of
available coverage. Without knowing these coverage amounts, an attorney cannot estimate the
value of the case.
Extent of Medical Treatment: How Much Treatment Will Be Required?
The length of time a client needs medical treatment and the cost of that treatment are central to
the value of any personal injury claim. In the early stages of a case, it is impossible to know how
much treatment the client will need or how long it will take for them to recover. Recovery may
involve multiple surgeries, months of physical therapy, or long-term care for chronic pain or
disability. The total cost of treatment—and how it relates to the settlement amount—cannot be
assessed until the client’s medical condition has stabilized.
Time of Treatment: How Long Will the Client Require Care?
Similar to the amount of treatment, the duration of medical care also impacts the value of the
claim. If a client has long-lasting or permanent injuries, this will significantly increase the value
of the case. But it’s not something that can be determined in the first few weeks or even months
after an accident. The longer it takes for the client to recover, the longer it will take to resolve the
case.
Medical Costs: What Will Treatment Ultimately Cost?
While initial medical bills may provide some guidance, the total cost of medical care will depend
on how long the client needs treatment, the types of procedures required, and the severity of the
injuries. Without knowing the full extent of these costs, the value of the claim remains unclear.
What also is unknown is how much of the medical costs must be paid from settlement proceeds.
While medical providers often will accept only a portion of their billing in payment, other
interested parties such as medicare, medicaid, and healthcare plans require a higher percentage
repayment, sometimes even up to one hundred percent of the charged amount. Until these factors
are understood and considered, the amount of “in-pocket” proceeds that a client will receive
cannot be estimated.
Beware of False Promises
Given these unknowns, it’s important to recognize that any attorney—or non-attorney—who
promises a specific settlement amount or resolution timeline at the very beginning of a case is
likely making false promises. No ethical attorney can predict the future without having all the
necessary facts, and these facts are simply not available at the start of the case.
In fact, if someone is giving you a guarantee about how much you’ll get paid and how quickly,
it’s a strong indication that you may not be dealing with a real attorney. Ethical, experienced
personal injury attorneys are transparent about the uncertainties of the process and work
diligently to gather the necessary information before making any estimates or predictions.
Conclusion
It’s natural to want quick answers when you’ve been injured in an accident, but the reality is that
predicting the outcome of a personal injury claim requires time, patience, and thorough
investigation. While an attorney can provide guidance on the process, they cannot—and should
not—promise specific results at the outset. If they do, it’s a red flag that you may not be getting
the quality legal representation you deserve. Instead, choose an attorney who is upfront about the
complexities of your case and committed to securing the best possible outcome for you.
About the Author: Jeff Bier is the managing partner of Carlson Bier Associates (www.carlsonbier.com) His practice is focused on assisting victims who have experienced personal injury. Jeff’s previous practice focused on insurance coverage where he has secured several appellate court victories, shaping Illinois law on numerous areas of insurance coverage, including uninsured and underinsured motorist coverage.
