If someone else’s negligence has injured you, you may be considering filing a personal injury lawsuit to seek compensation for your medical bills, lost wages and other damages. You therefore may be wondering: how long does a personal injury lawsuit take?
Understanding How Long a Personal Injury Lawsuit Takes
Personal injury lawsuits can take anywhere from a few months to several years. A straightforward case might resolve in as little as six months, while a more complex case involving severe injuries, disputed liability or significant damages could take two to three years—or even longer. However, it’s important to remember that every situation is unique. The best way to understand how long your case might take is to speak with a personal injury lawyer.
The Stages of a Personal Injury Case
Personal injury cases involve several stages–from the initial consultation with your attorney to the post-trial motions and appeals, if applicable. The exact number and types of stages involved in your case will depend on your circumstances as well as the other parties’ willingness to agree on a fair settlement.
The stages of your personal injury case may include the initial consultation and case evaluation, pre-litigation negotiations, filing the personal injury lawsuit, the discovery phase, medical examinations, negotiations, mediation or arbitration and post-trial motions and appeals.
Initial Consultation and Case Evaluation
One of the first steps you may take is to have an initial consultation with an attorney to evaluate your case. During this consultation, the attorney will ask you questions about your accident, injuries, medical treatment and any communications you’ve had with the at-fault party’s insurance company. They may also review any documentation you have, such as medical records, police reports and photos of the accident scene.
If the attorney believes you have a valid claim, they will offer to represent you.
Pre-Litigation Negotiations: Settling Without Filing a Lawsuit
In many personal injury cases, the victim and their attorney don’t file a lawsuit immediately. Instead, the attorney may try to negotiate a settlement with the at-fault party’s insurance company before taking the case to court. This process, known as pre-litigation negotiations, can save both parties time and money by avoiding a lengthy legal battle.
Pre-litigation negotiations can take anywhere from a few weeks to several months. If the insurance company is cooperative and willing to offer a fair settlement, you may resolve your case relatively quickly.
Filing the Personal Injury Lawsuit
If pre-litigation negotiations fail to result in a fair settlement, your attorney may file a personal injury lawsuit on your behalf.
After your attorney files the lawsuit, the defendant may choose to admit liability, dispute the claims or file a counterclaim. The length of time it takes for the defendant to respond can affect the overall timeline of the case.
Filing the lawsuit and waiting for the defendant’s response typically takes anywhere from a few weeks to a couple of months.
The Discovery Phase: Gathering Evidence and Building Your Case
Once the defendant has responded, the case enters the discovery phase. During discovery, both parties exchange information and evidence related to the case. This may include medical records, accident reports, photographs, witness statements and any other relevant documentation.
Discovery also involves taking depositions, where interviews of witnesses and parties involved in the case take place under oath. Both sides may also consult with expert witnesses, such as medical professionals or accident reconstruction specialists, to support their claims.
The discovery phase can take anywhere from several months to over a year, depending on the amount of evidence needed.
Medical Examinations and Maximum Medical Improvement (MMI)
In many cases, you won’t know the full value of your claim until you’ve reached what’s known as maximum medical improvement (MMI). This is the point at which your injuries have stabilized, and you’ve recovered as much as possible from your injuries. MMI doesn’t necessarily mean you’re fully healed, but it does mean that your condition is unlikely to improve further with additional treatment.
Reaching MMI can take several months or even years, depending on the severity of your injuries. Waiting to reach MMI before settling your case can allow your attorney to accurately calculate your future medical expenses and other damages.
Settlement Negotiations: Working Toward a Resolution
Once you’ve reached MMI and the discovery phase is complete, your attorney may attempt to negotiate a settlement with the at-fault party’s insurance company. Settlement negotiations typically involve back-and-forth discussions between your attorney and the insurance company, with both sides presenting their evidence and arguments.
Mediation and Arbitration: Alternatives to Trial
If settlement negotiations stall, your attorney may suggest alternative dispute resolution methods, such as mediation or arbitration. These processes allow both parties to attempt to resolve the case outside of court, often with the help of a neutral third party.
Mediation involves both parties sitting down with a mediator, who helps facilitate discussions and encourages both sides to reach a compromise.
Arbitration is similar to a trial but less formal. Both parties present their evidence and arguments to an arbitrator, who then makes a binding decision.
Both mediation and arbitration can add several weeks or months to the timeline of a personal injury case. However, these methods are often faster than going to trial.
Preparing for Trial: When a Settlement Can’t Be Reached
If settlement negotiations, mediation, or arbitration fail to resolve the case, the next step is preparing for trial. The trial preparation phase involves your attorney finalizing all of the evidence, preparing witnesses and developing a strategy for presenting your case to a judge or jury.
During the trial, both sides will present their evidence, call witnesses to testify and make closing arguments. The judge or jury will then deliberate and reach a verdict.
Post-Trial Motions and Appeals: Extending the Timeline Even Further
Even after a trial has concluded and a jury reaches a verdict, the legal process may not be over. Either party may file post-trial motions, such as a motion for a new trial or a motion to reduce the amount of damages awarded. These motions can add months to the case timeline. In some cases, the losing party may choose to file an appeal, asking a higher court to review the case. Appeals can add years to the timeline.
Settlement vs. Trial: Which Is Faster?
One of the main reasons why personal injury cases often settle before trial is that settlements are typically faster and less expensive than going to court. Trials can be unpredictable, and there is always the risk that a jury will return an unfavorable verdict. Because of this, many insurance companies and defendants are willing to settle personal injury cases to avoid the time and expense of a trial.
Factors That Can Accelerate or Delay Your Personal Injury Lawsuit
Several factors can influence the timeline of your lawsuit, either accelerating or delaying the process. Some factors that can make the lawsuit move more quickly include:
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Clear Liability: If the at-fault party’s liability is clear and undisputed, the case may move faster, as there’s less need for extensive investigation or arguments over who was responsible for the injury.
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Willingness to Settle: If both parties are willing to negotiate and settle the case early on, they may be able to resolve the lawsuit within a few months, without the need for prolonged litigation.
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Simple Medical Treatment: If your injuries are straightforward and do not require extensive medical treatment or long-term rehabilitation, your case may reach a resolution sooner.
However, several factors can delay a personal injury lawsuit, extending the timeline beyond what you might expect. These factors include:
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Disputed Liability: If the at-fault party disputes responsibility for the accident or claims that you were partially at fault, the case may take longer as both sides gather evidence to support their claims.
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Severe or Complicated Injuries: If you suffered severe or complicated injuries that require ongoing medical treatment, rehabilitation or surgeries, your attorney may wait until you reach MMI before settling the case.
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Multiple Defendants: In cases involving multiple defendants, such as a multi-vehicle accident, the legal process can take longer as there is an investigation and assignment of liability to each party.
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Court Backlogs: Court schedules and backlogs can delay your case. It’s not uncommon for courts to postpone or reschedule due to backlogs, which can add months or even years to the timeline.
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Appeals and Post-Trial Motions: if one party files an appeal or post-trial motion, it can extend the duration of the case.
Your personal injury attorney can evaluate the factors involved in your particular case to determine how long the case may take and which legal avenues would be the most appropriate.
What To Do If Your Personal Injury Lawsuit Is Taking Longer Than Expected
If your personal injury lawsuit is taking longer than expected, you should try to remain patient and trust the process. Rushing the process can result in a less favorable outcome. Accepting a lowball settlement offer just to resolve the case quickly could leave you with insufficient compensation to cover your long-term expenses.
If you’re concerned about the timeline of your case, don’t hesitate to communicate with your attorney. Your attorney should keep you informed about the status of your case and explain any delays or obstacles that may be affecting the timeline.
The Importance of Hiring an Experienced Personal Injury Attorney
An experienced personal injury attorney will know how to negotiate with insurance companies, gather evidence and build a strong case. They will also know how to anticipate potential delays and obstacles and act accordingly.
How the Personal Injury Lawsuit Timeline Varies by State
The personal injury lawsuit timeline can vary depending on the state in which you file the case. Laws and procedures differ from state to state, and these differences can impact how long it takes to resolve a personal injury case.
Arizona
In Arizona, personal injury lawsuits are subject to a two-year statute of limitations, which means you must file your lawsuit within two years of the date of the injury.
Arizona follows a “pure comparative fault” rule. This means that if you’re partially at fault for the accident, your compensation may be reduced by your percentage of fault. This rule can complicate liability disputes, potentially extending the timeline of your case if the defendant claims that you were partially responsible for the accident.
New Mexico
New Mexico also has a three-year statute of limitations for personal injury cases, which gives you three years from the date of the injury to file your lawsuit. Like Arizona, New Mexico follows a pure comparative fault system, which can lead to lengthy liability disputes in cases where both parties share responsibility for the accident.
California
California has a two-year statute of limitations for personal injury cases, meaning you have two years from the date of your injury to file a lawsuit. The Golden State follows a pure comparative negligence rule, allowing you to recover compensation even if you were partially at fault for the accident. However, disputes over fault can prolong the timeline of your case, particularly in complex accidents involving multiple parties.
Colorado
In Colorado, the statute of limitations for most personal injury cases is two years from the date of the injury. Colorado follows a modified comparative negligence rule, meaning that you can only recover compensation if you’re less than 50% at fault for the accident. This rule can lead to more contentious liability disputes, potentially extending the timeline of your case if the defendant argues that you were primarily responsible for the accident.
Patience and Persistence Are Key
When it comes to personal injury lawsuits, patience and persistence are key. The process can be lengthy, but by working closely with an experienced personal injury attorney, you can proceed more effectively and ensure the protection of your rights.
While it’s natural to want your case resolved as quickly as possible, it’s important to remember that rushing the process can lead to less favorable outcomes. By taking the time to gather the necessary evidence, negotiate with the insurance company and pursue litigation when necessary, you can increase your chances of receiving fair compensation.
We Can Help You Throughout Your Personal Injury Lawsuit
At Sargon Law Group, we are committed to helping personal injury victims receive the compensation they deserve. If you suffered an injury due to the negligence of another party, you may be wondering: how long does a personal injury lawsuit take? Our team is here to help you understand the timeline, make informed decisions, and reach the best possible outcome. Contact us today for a free consultation so we can help you collect the compensation you deserve.