Timeline and Expectations in Personal Injury Litigation

Asking yourself if you should file a personal injury lawsuit?

Chances are, you have questions about what to expect during litigation and how long the process will take. When you’re still in pain and life is turned upside down, waiting for compensation can be frustrating.

In a word, personal injury litigation is not glamorous like it is in the movies.

Here’s the truth about litigation:

Personal injury cases rarely go to court. However, the length of each stage can range drastically from one case to the next.

This article is going to break down exactly what to expect during personal injury litigation – from the moment you take legal action against the party at fault through to the day you receive your settlement or verdict.

You’re going to learn:

• The Real Timeline for Personal Injury Cases
• What Happens During Each Stage of Litigation
• Why Most Cases Settle Before Trial
• How to Set Realistic Expectations

The Real Timeline for Personal Injury Cases

Ready for a fun fact?

Did you know that according to statistics, 95% of personal injury cases get settled by mutual agreements without ever going to court?

That means the majority of personal injury lawsuits will never make it to trial. But just because you won’t be standing in front of a judge and jury doesn’t mean the process will be quick.

Fact:

The average time it takes to complete a tort lawsuit is 23 months. Motor vehicle cases take 20 months on average. For medical malpractice, the average rises to 31 months.

That’s 20 to 31 months to get the compensation you need to rebuild your life.

But what if you want to know how long each stage of litigation will take?

What Happens During Each Stage of Litigation

Personal injury litigation follows a general timeline and sequence of events. However, each case is different and will move through the process at varying speeds.

Here’s a quick overview of what to expect in each stage:

Initial Investigation and Case Building

The first step your lawyer will take after being hired is to conduct a thorough investigation of your accident.

This can take anywhere from a few weeks to several months depending on the case. Your attorney will be reviewing police reports, collecting medical records, interviewing witnesses, analyzing evidence and calculating damages.

Medical Treatment and Maximum Medical Improvement

One of the biggest mistakes in personal injury cases is settling too soon.

In order to know the full value of your case, your attorney has to have a clear understanding of the extent of your injuries.

That’s why you’ll need to hold off on negotiations until you’ve reached “maximum medical improvement” or MMI. Only after you reach MMI can you properly value your case.

The Demand Letter Process

The demand letter is a document prepared by your attorney that presents a factual overview of the accident and liability. It includes supporting documentation of injuries, medical treatments, lost wages, and lists a specific settlement amount.

Settlement Negotiations

Settlement negotiations can be complex, and having experienced legal representation makes all the difference. Professional workers’ comp lawyers understand how to navigate these discussions effectively and secure fair compensation for their clients.

If negotiations with the insurance company stall, you’ll have no choice but to file a lawsuit. Filing a lawsuit shifts the balance of power and makes insurance companies more reasonable and cooperative.

Filing the Lawsuit

Your attorney will help you file a personal injury lawsuit in civil court against the liable party. This includes drafting a complaint, identifying witnesses, and serving the other party with lawsuit documents.

The Discovery Phase

Discovery is the process where both parties ask questions and share documents with each other. It includes written questions (interrogatories), witness depositions, document requests, and expert witness evaluations. Discovery can take 6 months to a year.

Mediation and Alternative Dispute Resolution

Mediation involves the use of a neutral third party to help both sides come to an agreement. Mediation is often required by the court before trial.

Trial (If Necessary)

How many personal injury cases end up going to trial?

The answer: about 4-5%. And when cases do go to trial, plaintiffs tend to win about half the time. But trials are the most time-consuming, expensive, and unpredictable part of the personal injury process.

Why Most Cases Settle Before Trial

The vast majority of personal injury lawsuits are settled out of court. Here’s why:

• Trials are expensive and time-consuming. Insurance companies would rather settle for a reasonable amount than pay enormous legal costs.
• Settlements give both sides more control over the outcome. Going to trial is a gamble.
• Settlement negotiations take much less time than a full-blown trial.
• Settlements are usually confidential, while trial verdicts are public record.

How to Set Realistic Expectations

Patience is a virtue when it comes to personal injury litigation. Setting realistic expectations can help you successfully navigate the process.

Don’t expect a fast resolution. Even in straightforward cases, litigation takes at least a year to settle. In complex cases, two to four years are not uncommon.

Personal injury lawyers work on a contingency basis. The attorney only gets paid if the case is won.

Your attorney will communicate throughout the litigation process, but don’t expect daily progress reports.

Working with the Right Legal Team

One of the most important things you can do is make sure you have the right legal team in your corner.

Seek out an attorney who has specific experience with cases similar to yours. Personal injury is a serious matter that will affect your life for years.

Wrapping It All Together

Personal injury litigation is a marathon, not a sprint. It’s important to understand the process and know what to expect.

Key takeaways:

• Most personal injury cases settle out of court, but that doesn’t mean the process will be quick
• Building a strong case requires time and attention to detail
• Having experienced legal representation makes a big difference
• Setting realistic expectations is important

Your case is unique. Timelines will vary based on many factors. But by working with qualified legal professionals, you can receive the compensation you deserve and navigate the litigation process successfully.