The short answer—and the typical lawyer answer—is that it depends. A personal injury lawsuit can last for a matter of months if the parties compromise early, or it can last for several years depending on a variety of factors.
Factors that influence the length of a lawsuit include:
- The complexity of the legal and medical issues in dispute.
- The willingness of both sides to compromise throughout the litigation process.
- The court’s available trial schedule.
If one or both sides disagree with a trial result, appeals can draw out the final resolution even further. However, it is important to note that not every personal injury claim requires a lawsuit.
At Berry Law, our personal injury attorneys are experienced in cases that resolve pre-litigation as well as those that ultimately require a jury to determine the outcome. Our experience includes everything from car accidents and motorcycle accidents to construction accidents and dog bites, and more personal injury cases.
The Initial Timeline of a Personal Injury Claim: Pre-Litigation
Most personal injury matters begin with an investigation and pre-litigation negotiation phase. In many cases, you do not start by filing a lawsuit; many claims never even reach that stage. This is because parties generally attempt to reach a resolution before involving the court. If those efforts are unsuccessful, a lawsuit may be necessary.
During the pre-litigation phase, the injured person (through their attorney) gathers medical records, police reports, witness statements, and any other evidence needed to prove liability (responsibility) and damages (injuries).
The claim is then presented to the opposing party as a demand for settlement. Generally, a demand is only presented after a person has completed their medical treatment. This ensures the total of all medical expenses and lost wages is accounted for. In cases with straightforward injuries and no dispute over liability, this phase may only last a few months.
Moving Toward Litigation
Often, cases settle before a lawsuit is formally filed—particularly when a proper investigation has been presented to the insurance company. If liability and damages are clear, negotiations may result in a settlement within months of the demand.
However, if a settlement does not occur and a lawsuit is filed, the timeline typically extends. From the time of filing to a final resolution, a litigated personal injury case can take one to three years. In complex matters involving a permanent disability, the timeline may be longer to ensure the settlement accurately reflects the lifetime costs of the injury.
The Statute of Limitations
Each state has rules regarding the latest date by which a lawsuit must be filed. This is called the Statute of Limitations. These deadlines vary depending on the claim; for example, wrongful death claims often have shorter limitations periods than standard tort claims.
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The First Steps After Filing a Lawsuit: The Discovery Process
After filing a lawsuit, the defendant must be “served” in a manner acceptable under state law. Once they enter an “answer” to your claims, the parties enter the discovery phase.
Discovery is the formal exchange of information between parties, which includes:
- Interrogatories: Written questions that must be answered under oath.
- Requests for Production: Requests for physical documents and evidence.
- Depositions: Recorded testimony where witnesses and parties give sworn statements outside of court.
Depending on the complexity of the issues, discovery can be voluminous. Expert testimony may be required to link damages to the accident. If the parties disagree about the scope of discovery, in terms of whether certain documentation or information should be exchanged, then court intervention may be necessary to resolve those disputes.
Motions Practice: Pretrial Motions and Dispositive Motions
Another factor that can extend litigation is “motions practice.” Defendants may file motions to dismiss, motions for summary judgment, or evidentiary challenges.
A “motion” is essentially a request for the court to make a ruling on a specific issue. Each motion requires:
- Written Briefing: Summarizing the legal authority for the request.
- Oral Argument: A hearing in front of a judge.
- Judicial Ruling: A decision that may be issued immediately or weeks later.
While motions extend the process, they are often useful in narrowing the issues before a case reaches the trial phase.
Trial and Appeals Process
Depending on the complexity of the case, a trial may take one day or several weeks. A jury will hear opening statements, witness testimony, and closing arguments before reaching a verdict.
If a party has a legal basis to disagree with the verdict, they may appeal. This moves the case to an appellate court to determine if the trial court made an error, which can prolong the case by a year or more.
Settlement Options During Litigation
Just because a case enters litigation does not mean it must be resolved by a jury. There are several opportunities for resolution after discovery or depositions have taken place:
- Informal Negotiations: Ongoing discussions between attorneys.
- Mediation: A formal process where a neutral third-party mediator assists both sides in finding a middle ground.
Conclusion
Ultimately, there is no simple answer to how long a personal injury lawsuit will last. However, by understanding the phases of litigation, you can be better prepared for the road ahead.
At Berry Law, we strive to provide transparency throughout this difficult process. If you have questions about your claim, our team of personal injury attorneys are here to help you manage expectations and fight for the resolution you deserve. Contact Berry Law to talk to a personal injury attorney today.
