Introduction
If you’ve filed a personal injury claim and feel like you’re in the dark, you’re not alone. Many clients have questions like:
- Why haven’t I heard anything?
- What’s happening with my case right now?
- How long does a personal injury lawsuit last?
We understand how frustrating the waiting game can be. We have worked through this process with thousands of clients, and we have seen the toll that it can take. Not only are you injured, but you may be confused or feeling like you’re out of the loop.
To make a difficult situation even the smallest bit easier, we wanted to break down the typical timeline for you. We’ll be taking about:
- The personal injury lawsuit timeline
- Why communication may be limited during certain phases
- Reassurance that silence doesn’t mean that we’ve forgotten about you
How Long Does a Personal Injury Lawsuit Last?
From start to finish, a case can take anywhere from 6 months to 2 years, depending on several factors including:
- The complexity of your injuries
- How cooperative the insurance company is
- Whether the case settles or goes to trial
In the next section, we will discuss the typical timeline of a personal injury lawsuit.
The Personal Injury Lawsuit Timeline
Every case is unique and may not go through each case stage, but we’ve listed the typical stages of a personal injury lawsuit below:
Intake (0-30 days)
During intake, you will meet with a member of our intake team in person or over the phone for a consultation to discuss your case and your options. If our intake team and the attorney agree that pursuing your case is worthwhile, you will move into the intake stage.
The length of this stage is up to you, but it generally takes between 0 and 30 days to finish. During intake, you will sign necessary documents, like an intake packet and fee agreement.
- Intake Packet: Includes information such as your driver’s license, proof of insurance, where and when your accident happened, what medical treatment you have had following your injury, etc.
- Fee Agreement: Signing the fee agreement makes you an ‘official’ client. This means that you agree to allow us to represent you on a contingency basis. This means that you won’t pay anything unless we win your case, and we would take 1/3 (33.3%) of any settlement you may get.
Signing these documents means that the length of this case stage is technically up to you. Once all of the documents are signed, you will then move into the next case stage.
Investigation (180-270 days)
Investigation is one the longest and most intensive stages, but it is very important for your case. During this stage we will:
- Request your medical records and bills
- Contact insurance companies
- Gather evidence and documentation
Because this stage is so long, we often get complaints from clients wondering why they haven’t heard from us. Most of the work that is done during this stage happens behind the scenes. We are waiting on third parties, like hospitals and insurers. This means that we don’t always have control over how quickly they respond. Rest assured, we are still actively working on your behalf.
We will always let you know when:
- A settlement offer is made
- Your contribution is needed
- A major update occurs
We understand that this process is difficult, so please feel free to call our office for a case update at any time. We are here to support you!
Pre-Suit & Final Demand (30-60 days)
During this stage, we send a final demand letter to the insurance adjuster and try to negotiate a settlement. The final demand is a letter that we send to the negligent party’s insurance adjuster. This letter sometimes contains photos or medical records indicating how you were injured and how it has affected you. The final demand letter mainly serves to notify the negligent party of our demand for compensation. You’ll be notified right away if an offer is made.
Please note, we cannot settle your case without your permission. This means that you will be notified immediately if a settlement offer has been made by the negligent party. We will not accept any offers on your behalf unless you give us permission to do so.
In-Suit (30-60 days)
Going into this stage indicates that no settlement has been reached during the pre-suit and final demand stage. If we cannot negotiate a settlement that fairly compensates you, we will file a lawsuit. The at-fault party will have 90 days to respond. You will get a copy of the lawsuit in the mail once it has been filed with the court.
Case Evaluation & Facilitation (60 days)
At this point in the personal injury timeline, the at-fault party has responded to the lawsuit. Your case will then be scheduled for a case evaluation, also sometimes known as an arbitration.
During a case evaluation, unbiased attorneys and a retired judge will be selected. They will have no prior knowledge of your case and will discuss what they think your case is worth based on their experience. They will meet to try to reach a settlement on your behalf.
If they cannot agree on an appropriate settlement amount, or if you choose not to accept their offer, your case will go to trial.
Trial (1-3) Days
The trial stage takes 1-3 days, and you need to be in court with your attorney each day. Although trials are short, please note that we still have to schedule a date with the court. Court dates are typically scheduled anywhere from 1-6 months in advance.
This means that we may decide to go to trial in July, but may not be able to schedule a court date until October. Your trial date is entirely dependent on the court’s availability.
Settlement & Closing (60 days)
Once a settlement is reached, the at-fault party will mail a release document to our office. Once we have received this document, you will come in and sign the release.
The release is a document that essentially states that your case has been resolved with the negligent party and that you will not sue them again for the same incident or ask for more money.
Once the release is signed, it will be mailed back to the at-fault party. They will then write a check for the settlement amount, and this check will be mailed to our office. Once the check arrives, we will let you know right away. We will then schedule a time for you to come to the office and collect it.
What You Can Do Right Now
To make this process as smooth as possible, we need YOUR help. Here are a few things that you can do to help us:
- Keep us updated with new medical records, photos, or evidence! We periodically request your medical records throughout your case here with us, but if you keep us updated we can be sure to request anything we may need to settle your case as soon as possible.
- Respond as soon as possible to requests for signatures or documents. Especially during the intake stage of your case, you will be asked to sign a variety of documents. We need you to sign these documents as soon as possible so that we can begin investigating your case. We cannot begin looking into your claim until these documents are signed!
- Reach out if you have questions, we are here to help! Anyone at our office is qualified to help you over the phone, whether it is a paralegal, an attorney, or other staff. We are a tight-knit group, so everyone is familiar with aspects of your case and can help answer your questions.