When a Lawsuit Is Settled
How Long Will My Injury Claim Take?
How long does it typically accept before a example settles or goes to trial?
A visual guide to the stages of a personal injury lawsuit
One of the biggest questions people have when deciding whether information technology's worthwhile to pursue a personal injury claim is simply:
How long will my lawsuit take?
This question ofttimes comes upwards when it seems like everything is moving at a snail'due south pace and the medical bills are piling up.
Unfortunately, there's no easy respond because there are a number of factors that can touch the length of litigation. Only we've washed our all-time to provide yous with a brief overview of litigation, including the average time each step takes and the factors that might speed up or tiresome down the process.
How Long Will My Injury Claim Take?
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How long will my injury claim take? A visual guide to the stages of a personal injury lawsuit & timing Tweet this
In case you take problem viewing the image, here's the gist:
It generally takes 1-3 years to reach a settlement or receive a verdict in a personal injury case
Every personal injury case is different. As a result, it'due south impossible to accurately predict how long your personal injury case volition accept to be resolved.
That said, research studies conducted by the National Center for Land Courts and the United States Department of Justice tell us that most personal injury cases are resolved within one-3 years.
Let's accept a closer expect at some of the findings:
- On boilerplate, tort trials reached a verdict 25.6 months from the date the lawsuit was filed.
- Among tort trials, product liability trials had the longest case processing time (averaging 35.1 months), followed by medical malpractice cases (averaging 33.2 months).
- The vast majority of tort cases are resolved prior to trial (only about 3% are actually disposed of by jury or bench trial verdict).
Enjuris tip:Although your attorney can't tell you lot exactly how long your example will take to resolve, they can requite you a ballpark guess based on the facts of your case and the court where your example will be filed. To schedule an initial consultation, use our free online directory.
Let's take a look at each pace of the litigation process, including the factors that might speed upwards or ho-hum down each step.
Stride 1: Engage an attorney
The general rule of thumb is that y'all should consider hiring an attorney if you suffered a serious physical injury or you sustained other damages that exceed the corporeality allowed in pocket-sized claims court.
Keep in mind that nigh initial consultations are free, and then there'south really no downside to meeting with an chaser.
Lawyers are busy, so it may have a couple of weeks to see with an attorney afterward reaching out. What'south more, the first chaser y'all run across with might not be the right attorney for you. For these reasons, it'due south a good idea to kickoff the procedure of engaging an attorney as soon as possible.
Footstep two: Starting the case
A ceremonious lawsuit doesn't officially begin until you:
- File a complaint with the proper court and pay the associated filing fee, and
- Serve the defendant with a copy of the complaint and summons.
A complaint sets forth the facts of your case, the defendant's liability, and how much money you're demanding. A summons is simply a document that notifies the defendant that they're existence sued.
I of the kickoff things your lawyer will practice after agreeing to represent you is to make up one's mind the relevant statute of limitations. The statute of limitations determines the amount of time a plaintiff has to file a lawsuit. The statute of limitations for personal injury cases varies past state, but is generally somewhere betwixt 1-three years.
Keeping the statute of limitations in mind, your lawyer will begin drafting the complaint. It typically takes anywhere from 1 week to 1 twelvemonth for your lawyer to draft a complaint and serve the defendant.
Hither are some factors that may touch on how long it takes to typhoon a complaint and serve the accused:
- The complexity of the case, including the number of defendants
- Whether or non your lawyer makes the strategic decision to negotiate before filing the complaint
- Whether or not your lawyer has trouble serving the defendants (eastward.g., sometimes defendants can't be located or attempt to evade service)
Pace three: Discovery process
The term "discovery" is used to describe the pre-trial process of exchanging information between parties to a lawsuit. This information may include:
- Police force reports
- Medical records
- Security footage
- Visitor emails
Discovery likewise includes depositions. Depositions are opportunities for both parties to question each other and witnesses orally and nether adjuration. Depositions take identify in the presence of a courtroom reporter who produces a written transcript of the testimony for all parties involved.
Discovery typically begins soon afterward the complaint is filed and usually continues until virtually 30 days earlier the commencement of trial.
Enjuris tip:Acquire more about discovery, including what data is and is not discoverable.
Step 4: Court motions
Your lawyer and the defendant's lawyer will typically file a number of pre-trial motions. Pre-trial motions inquire the court to dominion on sure specific bug, everything from the proper venue to discoverable documents.
Some pre-trial motions have more of an impact on the case (and take more time) than others. For example, a move for summary judgment asks the court to dismiss the case and typically takes longer to draft and hear than, say, a motion to compel an attorney to turn over sure evidence.
Pre-trial motions can start as presently as the complaint is filed and typically go on right up until trial.
Step five: Attempt settlement (negotiation)
The vast majority of personal injury cases are settled before trial. Your lawyer will probably get-go participating in settlement discussions soon after the initial discovery is received.
Although your attorney might not tell y'all about every settlement discussion, your attorney is e'er required to become your approval before rejecting or agreeing to a settlement offer.
Settlement negotiations can be equally informal equally between the 2 attorneys over the telephone or every bit formal as arbitration or mediation.
If your instance isn't settling right abroad, endeavour not to fret. Almost cases have fourth dimension to settle. In fact, it's not uncommon for a instance to settle on the eve of trial.
Step 6: Go to trial
If your case doesn't settle, information technology will go to trial.
In a civil trial, a judge or jury examines the prove and decides whether the defendant should exist held legally responsible for the damages alleged by the plaintiff.
A ceremonious trial typically consists of 6 main phases:
- Choosing a jury
- Opening statements
- Witness testimony and cross-examination
- Endmost arguments
- Jury instruction
- Jury deliberation and verdict
Trials typically last anywhere from 1-7 days.
Enjuris tip:It's fairly common for trial dates to be pushed back several times. Sometimes this is to give the parties additional time to settle the instance. Other times, the court simply has a conflict.
Step 7: Verdict
After trial, the gauge (in a bench trial) or jury (in a jury trial) will decide if the defendant is at error for the blow and if so, how much the accused is required to pay the plaintiff. This decision is chosen the verdict.
Footstep 8: Appeal
If either party disagrees with the verdict, they typically have the right to appeal. If the appeal is successful, in that location may exist a new trial or settlement. An appeal typically has to exist filed within 30 days of the trial court verdict.
Step 9: Collection
If the plaintiff is successful, collection of the judgment begins (or efforts to collect). The judgment may be a lump sum or it may be broken up into payments.
Enjuris tip:Lawyers take a number of tools to collect judgments, including "wage garnishment," which involves filing documents with the courtroom to allow the attorney to take a percentage of the defendant's paycheck until the judgment is paid.
Factors that touch on the length of litigation
Here are some of the many factors that might impact the length of litigation:
- Complexity of the case. A slip and fall case is relatively simple, whereas a medical malpractice case is typically more circuitous.
- Amount of damages. A case worth $1,000 will typically be resolved more quickly than a example worth $1 million.
- Severity of injuries. A case involving a sprained talocrural joint will typically be resolved more quickly than a case involving brain impairment or decease.
- Caseload in your jurisdiction. Once yous file a lawsuit, y'all are at the mercy of the courts regarding court dates, which may as well change right upwardly to the last moment.
- Your patience. Your case may be resolved quickly if y'all're anxious to settle. If y'all're willing to concord out for more than money, your instance may accept longer.
Ready to meet with an attorney to hash out your specific case? Use our gratuitous online legal directory to find an experienced personal injury attorney about you.
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Source: https://www.enjuris.com/personal-injury-law/injury-claim-process-timing.html
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