Personal Injury Case Timelines

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1. How Long Does a Personal Injury Case Take to Resolve?

REVIEWED BY

C. William Kenny

September 09, 2024

Board certified by National Board of Trial Advocacy

How Long Does a Personal Injury Case Take to Resolve?

The question “How long will my personal injury case take to resolve?” is one that many clients ask, and while there is no one-size-fits-all answer, having a general idea can help manage your expectations. Let us discuss the key factors that influence the duration of a personal injury case.

Factors Affecting Case Duration

1. Severity of Injuries

The complexity of your injuries significantly impacts the timeline. If you have sustained severe, long-term injuries, the process will likely take longer as medical treatments, rehabilitation and evaluations are ongoing. Comprehensive medical documentation is crucial to building a strong case, and delays in treatment or recovery can extend the case duration.

2. Investigation and Evidence Gathering

The initial phase of a personal injury case involves a thorough investigation. This includes collecting medical records, accident reports, witness statements and other evidence. Depending on the complexity of the case and the cooperation of various parties, this stage can take several weeks to several months. The more complex the case, the longer the investigation might take.

3. Negotiations and Settlement

Many personal injury cases are resolved through settlements rather than going to trial. Negotiations with the insurance company or the at-fault party can be time-consuming. Some settlements can be reached quickly, while others may involve prolonged discussions and multiple rounds of offers and counteroffers.

4. Litigation Process

If a fair settlement cannot be reached, the case may proceed to court. Litigation adds additional time to the process due to pre-trial motions, discovery and court schedules. Preparing for trial involves gathering extensive evidence, which can be time-consuming, and the court’s calendar can also affect the timeline.

5. Court Schedule

Once a case goes to trial, the court’s schedule plays a significant role in how long the case will take. Court dates can be scheduled months in advance, and delays are not uncommon. The length of the trial itself can vary, depending on the complexity of the case and the court’s caseload.

Typical Timelines

1. Simple Cases: If liability is clear and the injuries are minor, a case might settle within a few months. This can happen if the insurance company offers a fair settlement early on.
2. Moderate Cases: Cases involving more significant injuries or disputes over liability typically take 6 months to 1 year to resolve. This timeframe includes negotiating settlements, medical evaluations and dealing with insurance companies.
3. Complex Cases: Cases involving severe injuries, multiple parties or complicated legal issues can take 1 to 3 years or more to resolve. These cases often involve extensive research, expert testimonies and potentially a lengthy trial process if a settlement is not reached.
4. Litigation and Trials: If the case goes to trial, it could add additional time. Trials themselves can take several days to several weeks, and post-trial motions or appeals can extend the process further.

Keep in mind that each case is unique, and unexpected delays or complications can affect the timeline.

Recovering Compensation After an Accident

Understanding the factors that influence the timeline of a personal injury case can help you better navigate the legal process. While the road to resolution may seem long, having an experienced attorney by your side can make a significant difference.

If you or a loved one are dealing with a personal injury and want to understand more about your specific situation, contact the personal injury lawyers of Berger and Green today for a free case evaluation.