How Long Does an Injury Lawsuit Take?
Whether you were injured in a car accident or your loved one was a victim of medical malpractice, you may be wondering how long a personal injury lawsuit will take. The truth is, there’s no set-in-stone timeline. Because every case is different, the length of time it may take to get through a personal injury lawsuit will depend on various circumstances, like how serious the injuries were and whether fault can be easily determined.
Below, we’ll help you get a better idea of what’s involved in a personal injury lawsuit, the average timeline for completion, and how these cases can be expedited - and what might prolong them.
Understanding What Goes into a Personal Injury Lawsuit
To understand how long an injury lawsuit might take, it matters to consider what goes on from start to finish.
Medical Treatment and Recovery
Before starting settlement negotiations, you must meet Maximum Medical Improvement (MMI). This refers to the stability of the injured person’s condition and assumes that even with continued medical treatment, their condition isn’t going to improve much more than it already has. Meeting MMI may take weeks, months, or even years, depending on the severity of your injuries and the treatments involved.
Reaching this recovery point enables your attorney to get a better idea of the compensatory damages. Then, from here, the case can move forward.
Consultation and Investigation
During an initial consultation, a personal injury attorney will learn more about your case. This is also the time to ask about your legal rights, their track record as a legal professional, and any specific questions you might have about the process or your case in particular.
As the case proceeds, your attorney will perform a thorough investigation. They’ll interview you about the incident, talk to any witnesses that were present, review medical records and police reports, and look over any other forms of evidence. The investigation process can take a few months to complete.
Demand Package and Settlement Negotiations
Once you’ve reached Maximum Medical Improvement and there’s clear evidence associated with your case, your attorney may send a demand letter to the insurance company. This letter will provide an overview of your case, your injuries, and the settlement you’re asking for.
After the demand package is sent, settlement negotiations will take place. You can expect a settlement to be reached within a few months. However, it’s possible that the insurance company may deny the claim or counteroffer the settlement amount. They may not even respond at all.
Filing the Formal Complaint
When the insurance company fails to cooperate, your attorney will officially file the complaint in civil court, which usually begins litigation.
The defendant will typically have 30 days to respond. If they fail to respond, the plaintiff may automatically win the case without the participation of the defendant.
Discovery Phase
If the defendant responds, the discovery phase comes next. During this phase, evidence and other details will be distributed from both parties, so the court can fully understand each perspective. The goal is still to reach a settlement before trial.
Expect the discovery phase to last six months to over a year. It all comes down to the nature of the case and how busy the court is.
Mediation and Pre-Trial Motions
Mediation before trial is usually recommended or even required. A neutral third party will attempt to help the parties settle without going through a lengthy court process.
If mediation is unsuccessful, the parties involved may advance to pre-trial motions, which will occur a few months before the trial date.
Trial
If the dispute can’t be resolved through mediation or if the case is particularly complex, it will go to trial. While taking a case to trial may take weeks or months, not to mention waiting months just to get the case on the court’s calendar, this is often a necessary resolution.
What Influences the Duration of a Personal Injury Case?
There are many factors that might affect how long a personal injury case takes, including:
The Extent of the Injuries: The more serious the injuries are and the more injuries that have been acquired, the longer the case may take.
Fault Determination: In some cases, it’s clear who’s at fault. Other times, it can be complicated, or both parties may be at partial fault. When determining fault is complicated or if there’s a dispute regarding fault, the lawsuit may take longer.
Insurance Company Delays: Insurance companies are known for using delay tactics with the hope of getting you to accept a lower settlement. Insurance companies may also delay payment if they dispute the claim or are actively engaging in an extensive investigation.
How Busy the Court is: If the court is busy, hearings and trials may be delayed. Courts are typically busiest during and after the holiday season.
Overall Complexity of the Case: A case is considered complex if it has multiple parties involved, a large volume of evidence, several witnesses, or if there are complex legal issues involved. The more difficult a case, the longer it will take.
Average Case Timelines
While there is no definite answer to how long your case may take without speaking to an attorney, we can give you an average timeline.
Simple Cases Resolved Outside of Court: 3 to 9 months
Moderate Cases with Negotiations: 6 to 18 months
Ligated Cases Going to Trial: 1 to 3 years or longer
How to Speed Up Your Case
Accelerating your case too much can lead to detrimental effects like incomplete investigations, insufficient gathering of evidence, lower settlements, and increased risks of losing. However, there are some things you can do to avoid delays with your case:
Get medical treatment immediately and follow all your doctor’s orders to meet MMI as soon as possible.
Gather evidence and get all documentation ready quickly.
Hire the right personal injury attorney to help.
Be quick to respond to your attorney’s requests.
Rather than going through a lengthy trial, consider mediation or arbitration as alternatives.
Final Thoughts
We all want a quick resolution. That holds true with personal injury lawsuits. However, rushing the process could lead to a lower settlement than you deserve. For that reason, patience and perseverance are key. Working with a qualified personal injury attorney, you can rest assured that your case will be well-managed. With their expertise, they can help lead to a quicker resolution without sacrificing quality.
If you’d like to get a clearer idea of how long your personal injury case may take and want to ensure the smoothest, quickest settlement possible, contact our personal injury law firm today.