How Long Does a Personal Injury Case Take?

A personal injury case can take anywhere from a few months to several years. A claim that settles before a lawsuit is filed may move relatively quickly, while a case involving severe injuries, disputed liability, extensive discovery, a trial, or an appeal can take much longer. No universal timeline exists because every case has its own facts, injuries, evidence, and complications.

Use the Super Lawyers directory to find a personal injury attorney in your area and learn what may affect your case’s timeline.

How Long Does Each Stage of a Personal Injury Case Take?

Every case is different, says Rajesh “Raj” Mahadass, a personal injury lawyer at Paranjpe Mahadass Ruemke Law Firm in Houston, but the legal process starts with the same priority: your well-being.

“People on our team guide our clients to the appropriate doctors, and while that’s going on, we will start our initial outreach to the party responsible for the injuries and see if we can begin to find a reasonable way to resolve what’s going on,” he says.

1. Initial Exchanges of Information

To start your personal injury lawsuit, you’ll have to exchange discoveries, in which you request information from the defendant or their defense lawyer.

“Once those initial discovery requests have been responded to, you’re typically 60 to 90 days down the road from the date on which the plaintiff’s complaint was initially filed,” says Stephen Gealy, an alternative dispute resolution lawyer at Baylor Evnen Wolfe & Tannehill in Lincoln, Nebraska.

Next, you’ll have to wait for the defense attorney to obtain information from your medical care providers. This process will take another 30 to 60 days, depending on how extensive the medical history is. “It would be pretty rare for a case to actually go to trial in less than a year and a half,” says Gealy.

“Still, timeframes really depend on the case, as well as on the venue,” says Paula Sweeney, a medical malpractice lawyer in Dallas.

2. Medical Treatment and Case Evaluation

After an injury, medical treatment usually comes before anyone can clearly assess the case’s value. The injured person may need time to recover, undergo additional testing, or learn whether the injury will cause lasting problems.

During this time, the attorney can investigate what happened by gathering medical records, medical bills, police reports, photographs, witness statements, and other documentation. The attorney can also begin evaluating potential damages, including medical expenses, lost income, and other injury-related losses.

In a serious injury case, it may make sense to wait until the person’s medical condition is well understood before valuing the claim or negotiating a settlement. Filing a lawsuit quickly does not necessarily mean the case will resolve quickly. The injured person’s medical situation can affect when meaningful settlement negotiations can begin.

3. Settlement Negotiations Before a Lawsuit

Lawyers may encourage a settlement offer. “Sometimes a case is personal, and it may be hard for a client to see, ‘Oh, this is a good number. We ought to settle, because if we take this to trial, we’re just going to end up spending more of your money, and also, you need this if you can’t work anymore,’” Sweeney says. “But as lawyers, something we keep in mind is it’s the client’s case at the end of the day.”

Negotiations typically begin with your attorney sending a demand letter and an out-of-court settlement offer. The insurance company will investigate the incident and respond. The parties may go back and forth with offers and responses. When the parties reach an agreement, they will formalize it in writing and sign it. Then, the insurance company will release payment.

While settlement negotiations can take time, this process typically takes much less time than discovery and trial.

4. Filing a Lawsuit

If negotiations don’t resolve the issue with a settlement, the injured party may move to the next phase by filing a complaint. The defendant will be served with notice and must respond. The discovery phase begins, and the parties work toward trial.

5. The Trial

A trial can take a single day, several days, or even longer. The time required depends on the case’s complexity. If multiple parties are involved, each has an opportunity to present their arguments and question witnesses. This takes time and can make a trial longer. Extensive evidence can also require more time in court.

Trials follow a general schedule:

• Jury selection
• Opening statements
• Witness testimony
• Cross-examination
• Evidence
• Closing arguments
• Jury deliberations
• Verdict

How the parties behave during trial can also impact its timing. Parties that act out or don’t follow the judge’s directions can delay proceedings as the judge addresses these side issues.

Keep decorum top of mind, too. “It’s hard to sit there stoic at a trial, if it comes to that, and not respond to the bad things that might be said about you or your case,” Sweeney says. “But you truly have to behave — no eye rolls, hand gestures.”

What Happens During Discovery?

Discovery can be one of the longest phases of a lawsuit. It’s the phase in which your legal representation gathers evidence.

The parties will send interrogatories, requests for production, requests for admissions, take depositions, gather medical records, and contact expert witnesses. The more complex the case, the longer discovery may take to thoroughly research its many facets.

For plaintiffs, their personal injury law firm will do the heavy lifting here. Mahadass says to use that time to prep for potential depositions. His best tips? “Really make sure you understand the questions, and don’t feel like you have to rush to answer. Also, don’t feel like you have to be steered toward a particular answer based on what the other side is asking. And don’t give unnecessary information.”

The same rules apply if you’re called to the stand. “Like the bumper sticker says: ’If you tell the truth, you don’t have to remember what you said,’” Sweeney says. “The other part is, if you don’t know, say so. Not ‘I guess.’”

What Factors Can Prolong a Personal Injury Case?

Every case is different, so each case has a unique timeline. Factors like catastrophic injuries and multiple parties can complicate the situation and prolong the case. Disputed liability will require more evidence gathering. This may also require expert witnesses. These professionals will need time to review the case and provide testimony.

Settlement negotiations can also lengthen the case timeline. The parties must exchange communications, wait for responses, and then prepare their own. When parties disagree, negotiations can be time-consuming as the parties negotiate liability and damages.

Court schedules can also impact case timelines. Some courts have overloaded dockets (schedules), requiring attorneys to schedule further out. Only one case can be heard at a time in the courtroom, so when a case requires three full days, that is the only case heard during that time.

What Can You Do To Avoid Unnecessary Delays?

You can take several steps to help your case along and avoid unnecessary delays. Stay active with your medical care providers by attending all appointments and following the prescribed treatment plan.

Keep every document you receive in your evidence file. Be responsive to your attorney. If they ask for an explanation or documents, don’t delay in providing them. Stay honest and realistic about your injuries and required treatment.

Avoid posting on social media and talking with people about the incident, your injuries, and the case. “Be very careful about what you post,” Mahadass says. “Just one post of you looking happy and peaceful can be easily twisted by the other side into the idea that you are not suffering or injured.”

Let your attorney handle all case-related and legal communications. Avoid contact with the other side. “Once you become our client, we become your voice,” Mahadass says. “Any communication to the other side or their insurance company, we’ll handle it. An injured person’s main objective should be to focus on recovery.”

What Happens After a Personal Injury Settlement or Verdict?

A lawsuit or claim isn’t necessarily over after the parties agree to a settlement or a jury returns a verdict. You may still need to sign settlement documents. Medical bills or liens may also need to be paid. The settlement payments need to be arranged and processed.

The verdict at the end of a trial may feel momentous, but administrative tasks often remain to make the ruling official. Then either side may appeal the verdict, which would begin the next phase of the lawsuit.

If a party appeals, the appellate court can either uphold the jury’s decision or reverse it, meaning you could end up sitting through another court appearance. “You’re now two years down the road after the trial, and the appellate court tells you to go back to the district court and have another trial,” Gealy says. “Then, it takes you another six months to a year to get the case back up and set for trial again.”

Another possible turn your trial could take is a decision by the state supreme court. After trial at the appeals level, you can petition your state’s supreme court to review the appeals court’s ruling. “If they deny, then the ruling of the court of appeals stands. Or the state’s supreme court can accept, so you tack even more time on to this process before you have a final decision.”

“You can certainly put together a scenario where it will take a number of years to get a final decision out of the court system,” Gealy continues. “With mediation, in a single day, the vast majority of these cases reach some kind of resolution. In my experience, somewhere in excess of 90 percent of cases that are mediated settle without trial.”

The at-fault party may also not comply with the settlement agreement or court ruling. If they don’t make the required compensation payment, the injured party must return to court to pursue payment. This process can also take months to years.

Find Legal Help

There is no standard timeline for a personal injury case. Some claims are resolved through settlement within months, while cases can take considerably longer. A personal injury lawyer can help you understand what is happening with your claim.

If you have been injured and need legal help, use the Super Lawyers directory to find a personal injury lawyer in your area.