When a maritime worker is injured on the job, one of the most pressing questions is, “How long will it take to settle my injury claim?” The answer depends on a variety of factors, including the severity of the injury, the complexity of the case, and how cooperative the employer and insurance companies are during the settlement process. While each case is unique, understanding the key factors that influence the timeline can help injured workers manage their expectations and better prepare for the legal process.

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What Factors Influence the Timeline of a Maritime Injury Claim?

Several factors can impact how long it takes to settle a maritime injury claim. Some claims can be resolved in a matter of months, while others may take over a year to fully settle. Here are some of the most significant factors that affect the duration of a maritime injury claim:

The Severity of the Injury: The extent of the injury plays a major role in determining the timeline of a claim. Cases involving serious injuries, such as traumatic brain injuries, spinal cord damage, or permanent disabilities, may take longer to resolve because they require more extensive medical evaluations and a clearer understanding of long-term recovery needs. In contrast, cases involving less severe injuries may settle faster because the damages are easier to calculate.
Medical Treatment and Maximum Medical Improvement (MMI): One of the key points in a maritime injury case is when the injured worker reaches Maximum Medical Improvement (MMI). MMI is the point at which a worker’s condition has stabilized, and no further significant improvement is expected. Settlements are often delayed until MMI is reached, as this allows for a more accurate calculation of the total medical costs and future needs. Until the full extent of the injuries and future medical care is known, it is difficult to assess a fair settlement amount.
Employer and Insurance Company Cooperation: If the employer or their insurance company disputes liability, delays the investigation, or disputes the extent of the worker’s injuries, this can significantly extend the settlement process. In some cases, insurance companies may employ delay tactics to pressure injured workers into accepting a lower settlement offer. Having an experienced attorney on your side can help combat these tactics and expedite the process.
Complexity of the Case: Some maritime injury claims involve complex legal issues, such as multiple parties being responsible for the injury, disputes over the facts of the case, or questions about negligence under the Jones Act. Complex cases can require more time to investigate, gather evidence, and negotiate a settlement, leading to a longer timeline.
Negotiations and Settlement Offers: In many cases, both parties— the injured worker and the employer’s insurance company—will go through several rounds of negotiations before reaching a final settlement agreement. The length of these negotiations depends on how close the initial offers are to the expected settlement value. If the initial offers are far apart, negotiations may take longer to finalize.

What Is the Typical Timeline for a Maritime Injury Settlement?

While every case is different, maritime injury claims generally fall into a few broad timelines:

Simple Claims (3–6 Months): Cases involving minor injuries, clear liability, and cooperative insurance companies may be resolved in as little as three to six months. These claims often settle quickly because both parties agree on the facts of the case and there is little dispute over compensation.
Moderate Claims (6–12 Months): Claims that involve more serious injuries or require additional medical treatment may take longer, typically six to twelve months. These cases often require more negotiation between the parties and additional documentation to fully assess the cost of medical care, lost wages, and future needs.
Complex Claims (12+ Months): In cases where the injury is severe, or liability is disputed, the timeline for settlement may extend beyond a year. Complex cases often involve lengthy investigations, multiple rounds of negotiations, and possibly litigation if the case cannot be resolved through settlement alone. If a case goes to trial, it can take even longer to resolve.

When Should You Consider Settling or Going to Trial?

In most maritime injury cases, a settlement is reached before the case goes to trial. Settlements are often preferred because they provide a quicker resolution, reduce legal expenses, and give both parties control over the outcome. However, there are situations where it may be necessary to go to trial. If the employer or insurance company refuses to offer a fair settlement or disputes the claim entirely, pursuing litigation may be the best option to ensure that you receive the full compensation you deserve.

Going to trial can significantly lengthen the timeline of a maritime injury claim, as preparing for trial, gathering expert testimony, and going through the court process can take several months or even years. An experienced maritime injury attorney can help you weigh the benefits and risks of settling versus going to trial, ensuring that you make the best decision for your situation.

How Can an Attorney Help Expedite the Process?

One of the most effective ways to speed up the settlement process for a maritime injury claim is to work with an experienced attorney who understands maritime law and the Jones Act. An attorney can help by:

Gathering evidence: An attorney can quickly gather the necessary evidence, such as medical records, witness statements, and accident reports, to support your claim and move the case forward.
Negotiating with insurance companies: Insurance companies often try to delay claims or offer lower settlements than the case is worth. An attorney can negotiate on your behalf to ensure that you receive fair compensation without unnecessary delays.
Handling legal paperwork: Filing the correct legal documents and meeting deadlines is crucial in any injury claim. An attorney can handle all the paperwork and filings to ensure that your case proceeds smoothly and on time.
Litigating the case: If the settlement negotiations are unsuccessful, an attorney can take your case to court and represent you throughout the litigation process, ensuring that your rights are protected.

Call Savage Law Firm Today

Maritime injury claims can take anywhere from a few months to over a year to settle, depending on the complexity of the case, the severity of the injury, and the willingness of the employer and insurance company to negotiate. By understanding the factors that influence the timeline and working with an experienced maritime injury attorney, you can help move your case toward a resolution as quickly as possible.

If you or a loved one has been injured while working in the maritime industry, it’s important to seek legal representation to protect your rights and pursue the compensation you deserve. At Savage Law Firm, our experienced maritime injury attorneys are here to help you through every step of the process. Contact us today to discuss your case and get the support you need to recover after a maritime injury.