Education
Why Personal Injury Settlements Take So Long
• 2 min read
The average personal injury case takes 12 to 18 months to settle. Here's why — and how to handle the wait financially.
First, your medical treatment has to reach 'maximum medical improvement' before damages can be calculated. Settling earlier means leaving money on the table.
Second, insurance companies use delay as a tactic. They know that financially squeezed claimants often accept less to get cash sooner.
Third, court calendars are backlogged in most jurisdictions. If a case has to be filed, it can wait months for a court date.
Fourth, complex cases involving multiple parties or disputed liability simply take longer to investigate and negotiate.
Pre-settlement funding is designed for exactly this gap. It lets you wait for the right settlement instead of a fast one.
Reason one — maximum medical improvement
Damages cannot be reasonably calculated until your doctors can say you have reached the point where further treatment will not meaningfully improve your condition. That point is called maximum medical improvement, or MMI.
Settling before MMI means leaving real money on the table. A good attorney will not let you settle early just because you are tired of waiting.
Reason two — strategic delay by insurers
Insurance adjusters are trained on the well-documented phenomenon that financially squeezed claimants accept less. Slowing down the process is a deliberate negotiating tactic.
Pre-settlement funding directly neutralizes this tactic by relieving the financial pressure that delay is designed to exploit.
Reason three — court calendars
If your case has to be filed in court, expect months of waiting just to get on the calendar. Many jurisdictions have civil case backlogs measured in years post-pandemic.
Most cases still settle before trial, but the threat of going to trial — and the long wait that implies — is itself a negotiating lever.
Reason four — case complexity
Cases with multiple defendants, disputed liability, severe injuries, or specialized issues (medical malpractice, product liability) simply take longer to investigate, negotiate, and resolve.
Complex cases also tend to produce larger settlements. The wait is usually worth it — if you can afford to wait.
Talk to AARC before you make a financial move you'll regret
Every situation is different, and the right answer depends on the specifics of your case, your timeline, and what you need the money for. The single best thing you can do is have a short, no-pressure conversation with someone who funds these cases every day.
Call AARC at (800) 297-3834 or apply online in about three minutes. There is no credit check, no obligation, and no cost to find out what you qualify for. If a cash advance isn't the right tool for your situation, we'll tell you that too.
Frequently asked questions
- Will taking an advance reduce my settlement?
- The advance plus its flat fee is repaid out of the settlement, so your net proceeds are reduced by that amount. It does not affect the gross value your attorney negotiates.
- Is a pre-settlement cash advance a loan?
- No. It is non-recourse funding tied to your personal injury claim. There are no monthly payments, and if your case does not recover, you owe nothing.
- Do I need good credit or a job to qualify?
- No. AARC does not run a credit check and does not require employment or income verification. Approval is based on the strength of your claim and your attorney's representation.
- How fast can I get funded?
- Most approved applicants receive funds in as little as 24 hours once AARC has the case documents from your attorney.
- How much does it cost?
- AARC uses a flat fee rather than compounding monthly interest. Typical advances are $500, $750, or $1,000, and the illustrative payoff at settlement is 2x the advance amount.
About the author
Written by the funding team at AARC — Accident Advance & Resource Center. AARC underwrites pre-settlement cash advances for personal injury claimants and works directly with plaintiff attorneys across 45 states. Our team reviews case documentation daily and writes from that firsthand experience.
This article is general information, not legal or financial advice. Always confirm details with your attorney. Contact AARC or call (800) 297-3834 with questions about your specific case.
