If you suffered injuries in an accident someone else caused, you may be facing significant medical expenses, time away from your job, and a lengthy period of physical recovery. You shouldn’t have to go through this experience while also worrying about money. Pursuing a personal injury claim against the party that hurt you gives you a chance to recover compensation and hold them accountable. But how long does a personal injury lawsuit take to settle or reach trial?
A personal injury lawsuit can take anywhere from a few months to a few years. Most cases settle within 6 to 12 months, but those that go to trial may take 2 to 3 years or longer.
The duration of a personal injury claim will determine how long you have to wait to obtain compensation for medical bills, lost wages, and pain and suffering. Although numerous factors will affect the timeline of your personal injury claim, working with an experienced personal injury lawyer can help make the process move more efficiently and give you the best chance of maximizing your financial recovery.
The timeline and duration of your personal injury claim will depend on the unique circumstances of your case. Some factors that affect the average time to settle a personal injury case include:
The timeline of a personal injury lawsuit involves several steps before and during court proceedings. A personal injury claim begins with investigation and preparation of the legal claim and culminates with a trial and post-trial proceedings.
The personal injury claims process should begin with consulting and hiring a personal injury lawyer to represent you during your case. Most personal injury attorneys provide free initial consultations, during which you can discuss the basic facts of your case and allow the attorney to evaluate your claim. Initial consultations also allow you to evaluate attorneys and decide who to hire for your case.
Before filing a personal injury lawsuit, your attorney must conduct a thorough investigation into the accident that caused your injuries. An investigation will allow you to recover the evidence needed to prove fault, tie your injuries to the accident, and document your financial and personal losses. Investigating a personal injury claim allows your personal injury attorney to secure critical evidence such as:
Your personal injury lawyer may also work with accident reconstruction or engineering experts who, using the evidence, can describe what happened in the accident and identify those responsible for causing it.
A personal injury attorney can also help you build a compelling case to prove what injuries you suffered from the accident and the extent of your expenses or losses. Your injury claim may rely on medical records of your treatment and rehabilitation, expert testimony from your treating providers or other medical experts, and reports and testimony from vocational or financial experts who can calculate future expenses or losses you may experience as a result of the accident.
A personal injury lawsuit begins with filing a complaint with the court. The complaint contains your allegations against those you claim bear liability for the harm you suffered. It will identify the parties in the case, describe the incident that caused your injuries, allege how the other parties (the defendants) caused your injuries, and demand compensation for your financial and personal losses.
You must file your lawsuit before the statute of limitations expires on your personal injury claim. In Washington, the statute of limitations typically gives you three years after an accident to file a personal injury lawsuit against liable parties. However, different deadlines may apply in specific cases. The court may dismiss any lawsuit filed after the statute of limitations expires. Furthermore, special procedures apply when pursuing personal injury claims against a state or local government, as the law requires you to file a claim notice at least 60 days before filing a personal injury lawsuit.
After filing a personal injury lawsuit, you and any defendants will engage in discovery. During discovery, the parties in a lawsuit exchange evidence in their possession and depose witnesses. Discovery helps identify the issues disputed by the parties to resolve at trial. In some cases, discovery may reveal that the parties have no disputes over factual issues, allowing the court to grant judgment to one side as a matter of law.
During discovery, the court will conduct pre-trial proceedings by holding hearings to resolve discovery disputes or pre-trial motions, such as motions to admit, limit, or exclude evidence or testimony. Parties may also file motions to dismiss or for summary judgment to resolve the case based on the pleadings or evidence if the undisputed facts show that one side should prevail. During pre-trial proceedings, parties may also continue settlement negotiations to resolve the case without going to trial.
When settlement negotiations fail to result in an agreement, the parties must begin preparing for trial. Trial preparation consists of organizing evidence and witness testimony into a coherent narrative that can convince a jury. Your personal injury attorney will decide which evidence and witnesses to present, since some evidence may open the door to other, potentially unfavorable evidence that may contradict or affect the credibility of your case. The parties and the trial court will schedule a date for the trial to ensure everyone’s availability.
The trial phase begins with jury selection, where each party questions potential jurors to identify any biases or conflicts of interest. Jurors may be excluded for cause, such as clear bias or conflict of interest, or through limited challenges if deemed unsuitable.
After jury selection, the trial starts with opening statements from both parties, where they present their version of events and outline the evidence they will introduce.
The plaintiff presents their case first, followed by cross-examinations from both sides. This process allows each party to challenge the testimony and evidence presented by the other.
Once all evidence is presented, both parties make closing arguments, summarizing their case and explaining why the evidence supports their position.
The jury deliberates and issues a verdict based on the evidence, or, in a bench trial, the judge reviews the evidence and delivers the verdict.
If the verdict is in favor of the plaintiff, compensation is awarded for economic losses like medical bills and lost wages, as well as non-economic losses such as pain and suffering. In some cases, punitive damages may be awarded to penalize particularly egregious behavior.
Once the jury or judge has issued a verdict, the trial court will convert the verdict into a judgment, adjusting any compensation awarded to the plaintiff per legal limits or principles, such as statutory caps on compensation or the plaintiff’s partial fault for the accident. Parties can also file post-trial motions, such as motions to mold the verdict to account for settlements with other parties, motions for judgment notwithstanding the verdict, or motions for a new trial.
Parties can also appeal the verdict or judgment and any adverse rulings by the trial court if they believe the weight and sufficiency of the evidence do not support the verdict or that the trial court committed legal or procedural errors in its rulings.
A prevailing plaintiff must collect the awarded judgment from the defendants. When a defendant refuses to pay the judgment, the plaintiff must undertake collection efforts, such as by having the sheriff levy the defendant’s assets (including bank accounts, vehicles, or property).
Taking prompt action after an accident can help facilitate the claims process and put you in a better position to recover maximum compensation. Steps you should take to help move your personal injury claim along include:
Finally, contact a personal injury attorney as soon as possible to discuss your case and better understand your legal rights and options.
Working with a seasoned personal injury lawyer can help move the claims process along and get you the financial resources you need to recover. They can handle the details of investigating, preparing, and pursuing your legal claims while you focus your time and energy on healing. Your lawyer will:
Each step of a personal injury lawsuit—from investigation and discovery to trial and post-trial proceedings—adds to the overall timeline. The complexity of the case, evidence gathering, and the court's schedule all play roles in how long it takes to resolve. These elements collectively contribute to why some cases settle quickly, while others may take years to conclude.
If someone else’s negligence or carelessness caused you harm, you deserve skilled and attentive legal support in pursuing a claim to recover compensation. Contact Freeman Law Firm, Inc., today at (253) 383-4500 or by using our contact form, to get started with a free, no-obligation consultation. We’ll listen to your story, review your options, and help you understand what to expect from the legal process.
