[00:32] — The Reality of Case Timelines
There’s no one-size-fits-all answer. If he could control it, Chip would settle every case today — small, clear cases move fast, complicated ones simply don’t.
[04:26] — Hurdle One: Is Liability Crystal Clear?
Who’s at fault is the first gate. When fault is disputed, you’re chasing cameras, video, and witnesses — and convincing the insurer your client wasn’t at fault before anything else moves.
[05:35] — Hurdle Two: The Type and Length of Treatment
Soft-tissue cases that treat for a few months typically settle 45–60 days after discharge. But any case worth over $40–50K, or one with a positive MRI and a specialist, stretches from months to a year or more.
[09:27] — Why Surgery Cases Can Take 2–3 Years
The key reason: once you settle, there’s no more money. Chip waits for maximum medical improvement so a client never settles and then needs a second surgery.
[10:25] — Depositions, IMEs, and the Cost of Big Claims
Large cases trigger depositions and an insurer-funded independent medical exam — thousands of dollars in investigation. And when a defense lawyer is paid hourly, the incentive is to bill hours, not resolve the case.
[12:44] — Why a Trial Date Changes Everything
A million-dollar case delayed a year earns the insurer ~$120,000 in interest — and they still owe the million. Good judges set cut-off dates and force decisions instead of letting discovery drag
[18:09] — “You Take Your Victim As You Find Them”
Two people in the same wreck can settle months apart. Prior injuries don’t disqualify you, but they change what the case is worth — and settling too early can cost everything, since soft tissue clears first while disc and ligament damage shows up later.
[21:55] — The Client Always Decides
Chip tells clients whether an offer is good, bad, or in the middle — then it’s their call. He’s never forced an offer on anyone.
Why is your personal injury case taking so long, and what is actually happening while you wait?
In this week’s Chats with Chip, Jonathan Forstall sits down with his father, veteran New Orleans attorney Chip Forstall to answer one of the most common questions personal injury clients ask: “When is my case going to settle?”
Chip explains why there is no one-size-fits-all timeline for a personal injury claim. From determining who was at fault and gathering evidence to medical treatment, MRIs, specialists, negotiations, depositions and potentially going to trial, the severity and complexity of a case can dramatically affect how long it takes to reach a settlement.
They also discuss why larger personal injury cases often take longer, why an attorney may advise a client not to accept an early settlement offer, and how getting a trial date can put real pressure on an insurance company to make a decision.
But this episode isn’t only about legal strategy. Chip shares stories from more than 40 years of practicing law and explains why something surprisingly simple still matters in business and in life: talk to people, listen to them and treat them like people.
If you’ve ever wondered why one accident claim settles quickly while another takes months, or even years, this episode offers a behind-the-scenes look at what can affect the personal injury settlement process.
In this episode:
- Why some personal injury cases settle faster than others
- How liability disputes can delay a claim
- Why medical treatment affects settlement timing
- Why serious injury and surgery cases can take longer
- What happens during insurance negotiations
- Why trial dates matter
- Why two people in the same accident can have very different cases
- Why patience can sometimes lead to a better result
