How Long Does a Personal Injury Case Take?
If you’ve been injured due to someone else’s negligence, you may be wondering how long it will take to resolve your personal injury case. The timeline can vary significantly, ranging from a few months to several years, depending on the complexity of the case, the severity of your injuries, and whether the case settles or goes to trial. While no two cases are identical, most personal injury claims follow a general timeline that includes the below stages.
Seeking Medical Treatment (Ongoing)
The first step after an accident is obtaining medical care. Your health is the top priority, and proper documentation of your injuries is essential for your case.
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Timeline: Securing proper medical treatment can take days to months, depending on the severity of your injuries. Please note that the length of your treatment impacts the case timeline. Your attorney may wait until you reach maximum medical improvement (MMI) before negotiating a settlement to accurately assess your damages.
Hiring a Personal Injury Attorney (1–2 weeks)
After receiving medical attention, you may consult with a personal injury attorney. Your attorney will evaluate your case and explain your legal options.
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Timeline: It usually takes about 1–2 weeks to find and hire an attorney. Working with an attorney early on can streamline the process and prevent costly delays.
Case Investigation and Evidence Gathering (1–6 months)
Your attorney will investigate your accident, gather evidence, and build your case. This stage involves:
- Collecting medical records and bills,
- Obtaining accident reports and witness statements,
- Reviewing insurance policies, and
- Consulting with experts (if necessary).
Timeline: A thorough investigation of your case can take anywhere from 1–6 months, depending on the complexity of the matter. Thorough evidence collection strengthens your case, but it can add time to the process.
Pre-Lawsuit Negotiations (2–12 months)
Most personal injury cases are resolved through settlement negotiations rather than a trial. During this stage:
- Your attorney will send a demand letter outlining your claim and requesting compensation, and
- The insurance company may accept, deny, or negotiate the settlement.
Timeline: Settlement negotiations can take anywhere between 2–12 months, though complex cases may take longer. If both parties agree on a fair settlement, the case can be resolved quickly. However, insurance companies may delay or offer low settlements, prolonging the process.
Filing a Lawsuit (1–2 years)
If a fair settlement cannot be reached, your attorney may file a lawsuit. This initiates the litigation phase of your personal injury case, which involves:
- Discovery (or, the exchange of evidence),
- Depositions of witnesses and experts, and
- Pre-trial motions.
Timeline: After filing a lawsuit, it can take 1–2 years before your case reaches trial. The legal system is slow, and court schedules can cause significant delays. Most cases settle before trial, but if not, litigation adds considerable time.
Trial and Verdict (1–2 weeks, but after years of preparation)
If your case goes to trial, both sides will present their evidence and arguments. The judge or jury will then decide the outcome of the case.
Timeline: 1–2 weeks for the trial itself, but it may take years to reach trial due to pre-trial proceedings. Trials are unpredictable and time-consuming. Even after a verdict, appeals can extend the case further.
Contact Justice Through Compensation for Help
If you or a loved one was injured in an accident, please know that the law firm of Justice Through Compensation is here to help. Our legal team is skilled, experienced, and passionate in their representation. Let us shoulder the burden of an injury claim or lawsuit while you focus on healing from your injuries. Contact us today for the quality legal help you deserve.
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