Filing a lawsuit, especially for a personal injury, takes time. For some, it could take longer. For others, not so much. It’s not instantaneous. It’s a lengthy process, taking several months to a few years.
If you’re the injured party, you can certainly make a claim. But you must first learn about the process. So, how long do personal injury lawsuits take? Here are the common steps that influence the timeline.
Initial Consultation and Pre-Lawsuit Investigation
One of the first things you must do is seek a personal injury attorney. A legal professional will understand your plight and guide you through the following steps.
In your consultation with your lawyer, you must discuss certain things about your case. You’ll be required to bring medical records, photos and videos of the scene, and insurance details. If you can attain witness statements, you’ll have to mention these, too. With that, they’ll conduct a thorough investigation and obtain additional evidence to back your claim.
It’s crucial to find an attorney with an excellent reputation in your state or the area where the accident occurred. For instance, hire a personal injury lawyer in Utah who’s trustworthy, experienced, and committed. They’re familiar with local law and will help you get fair compensation.
Medical Treatment and Documentation
Part of the pre-lawsuit time involves treatment and recovery for your personal injury. Some injuries may take a long time to heal. It’s essential to receive medical care for your well-being and gain medical records supporting your claim.
While recovering, you must wait until you reach ‘maximum medical improvement’ (MMI). This is when your doctor can fully describe your injury, and further medical treatment isn’t required. At this time, they can also be in a position to estimate medical expenses.
That’s why you shouldn’t rush the process and settle too early. You may receive less than what you truly deserve and need for your future treatments. With the estimate ready, your lawyer can compile this information into a formal demand letter.
Filing the Claim and Discovery Process
The demand letter is what kicks the legal process into gear. Your lawyer will file your complaint against the defendant, who usually has a month to respond. After that, you’ll enter the discovery phase.
Discovery is where the defendant and the injured party exchange relevant information about the case. When you’re asking, ‘How long do personal injury lawsuits take?’ part of your answer may come from this step. The discovery phase is often the longest portion of the lawsuit process. It could last from six months to over a year.
This process takes time because lawyers use several methods to gather important information. Interrogatories are one example. Your attorney will send written questions the other party must answer under oath. Another is a request for production, which compels the other side to provide relevant documents. Meanwhile, depositions involve in-person, sworn testimony from parties and witnesses, which a court reporter records.
Settlement Negotiations and Mediation
Settlement discussions could happen at any point in the timeline. However, they usually escalate once both parties are clear about the fact. The plaintiff’s legal representation and the defendant’s insurance company will communicate back and forth until they reach a mutually agreeable amount. As such, the settlement timeline may vary depending on how quickly both parties involved can compromise.
Most court systems encourage parties to mediate before a trial date is set. Mediation is a formal negotiation process guided by a neutral third-party or the mediator. The mediator facilitates communication, helps both sides see the risks of trial, and guides them to find common ground. These sessions are confidential and could be effective in settling your case.
It’s crucial to let the settlement process move naturally and not rush it. Speeding it up could leave you with a settlement that undervalues your injury severity. Settlement amounts vary on a case-by-case basis. For instance, auto accident cases have a median award of USD$16,000, while medical malpractice cases can go up to USD$679,000. When you reach a successful mediation, that officially marks the end of your case.
Trial and Post-Trial Motions
Most personal injury cases are settled long before they go to court. In fact, 95% of civil cases eventually reach a settlement. But for some, negotiations fail to reach a conclusion. If this happens to you, your lawyer will proceed to pre-trial motions.
As your legal representation, your attorney will perform some duties, including but not limited to:
- Drafting motions to exclude certain evidence.
- Outlining trial strategies.
- Ensuring expert witnesses, such as medical professionals and law enforcement, can testify.
Trials may last a few days to several weeks, lengthening the personal injury lawsuit. Factors that affect the trial’s time and speed include the complexity of the evidence and the scheduling of all necessary sessions. Once the trial concludes, the judge or jury delivers a verdict.
However, the losing party may file for post-trial motions, as is their right. If an appeal follows, it could add months or even another year before you reach a final resolution.
Reasons Why Some Cases May Take Longer
How long do personal injury lawsuits take in reality? Many factors can lengthen or shorten the timeline.
Medical Treatment
Severe injuries may take weeks or months to treat and recover from fully. Thus, you might not know the total cost of damages immediately.
Insurance Company Tactics
Insurance adjusters may delay, deny, or lowball offers. However, an experienced accident lawyer can see through those tactics and maneuver around them.
Liability Disputes
In some cases, the other party might not admit fault. Your attorney must then find key witnesses or request accident reconstruction, prolonging the timeline.
How Long Do Personal Injury Lawsuits Take to Settle?
Common personal injury cases typically have an expected timeline. This is the average each case takes to settle:
- Minor injury and no dispute: three to six months
- Soft tissue injury and rehab: six to 12 months
- Surgical or long-term injury: 12 to 24 months or more
- Complex liability: one to two years
- Medical malpractice: two to three years
If your case has been pending for 12 months without significant progress, it’s best to seek a second opinion.
Wrapping Up
Knowing the answer to ‘How long do personal injury lawsuits take?’ could prevent additional worries from building up. It helps to visualize the entire process and understand each step. That way, you won’t be too surprised should your case conclude quickly or take longer than expected.
Hiring a reputable attorney early could speed up the timeline. You can work together while the evidence is still fresh. Make sure you also all relevant documents and follow all medical advice. In the end, your overall well-being post-accident matters most.
