How long does a personal injury lawsuit take? The amount of time a personal injury lawsuit takes depends on the complexity of the case and can vary considerably.
Speaking with a Charlottesville personal injury lawyer can help you determine how long your specific case may take and the next steps for your best interests.
The Severity of Your Injuries Can Affect How Long a Personal Injury Lawsuit Takes
The severity of your injuries has a major bearing on how long your personal injury lawsuit will take. If injuries are minor and will heal quickly, that could lead to the case being closed faster, as damages are easier to calculate and future treatments may be limited.
In contrast, if injuries are severe, cases may take much longer. It will take time to determine which treatments are necessary, both immediately after an injury and in the long term. Doctors will need time to assess whether injuries are permanent or will have long-term effects.
Most attorneys will wait until you have reached maximum medical improvement (MMI) before finalizing your case. MMI is a term used to signify that you have reached maximum healing and determines if your injuries would now be considered healed or if you are permanently disabled. This is important information, as permanent disability typically increases your total compensation.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
Does Filing a Lawsuit Automatically Make the Case Take Longer?
Oftentimes, claims can be settled outside of court through negotiations with the insurance company. However, if a fair settlement is unable to be reached, a lawsuit may be the necessary next step. If this is the case, timelines are almost always extended.
Once a lawsuit is filed, court rules and deadlines apply, formal discovery begins, and additional procedural steps are required. While filing a lawsuit can motivate insurers to negotiate more seriously, it also introduces scheduling constraints and legal processes that extend the duration of the case.
While this may be the lengthier route to take, if you are working with an experienced Charlottesville car accident lawyer, then it is usually worth the wait. With the proper evidence and plan of attack, trials often result in higher final payments. Once a court has ruled, insurance companies must accept its decision, and negotiations are closed.
How Long Does It Take to File a Personal Injury Lawsuit?
Filing the lawsuit itself is relatively quick, but preparation takes time. Typically, drafting and filing the complaint takes a few weeks. First, the defendant must be formally served, and then, per Virginia law, the defendant has 21 days to respond.
If the defendant fails to respond, a default judgment may be issued. This means that the defendant forfeits their rights to a trial, and judgment is ruled in favor of the plaintiff. This often expedites the process and eliminates the need to go through a lengthy trial.
If the defendant does respond, the court process continues. Your attorney will begin collecting evidence to help strengthen your case as it heads towards court. They will know the best legal strategies for personal injury cases and have the necessary experience to secure the highest payment possible.
Discovery is Often the Longest Phase of a Personal Injury Lawsuit
Discovery is the process of gathering evidence, taking depositions of the involved parties and witnesses, obtaining expert evaluations, and exchanging this information with opposing counsel. This process is intended to prevent one side from ambushing the other with secret evidence, giving both sides a fair chance.
Discovery allows both sides to see what the strengths and weaknesses are of the opposing party. This is designed to encourage settlements but also gives both sides a better understanding of what witnesses may say and what evidence is available.
This phase can take six months to over a year, depending on case complexity, number of parties, disputes over evidence, and court scheduling. Discovery is time-consuming but critical, as it allows both sides to fully understand the strengths and weaknesses of the case.
Settlement Negotiations Can Affect How Long a Personal Injury Lawsuit Takes
Oftentimes, once discovery is completed, one or both sides are more willing to negotiate. If an insurance company sees that you have a strong case, they are more likely to come back to the table with a higher settlement offer to avoid going to court.
This can be beneficial if you need the funds sooner rather than later or if you don’t feel 100% confident going to court. Your attorney can help guide you on whether you should accept a settlement offer or if it is still not a fair amount, given the details of your case.
Sometimes, an agreement still cannot be reached. The back-and-forth negotiations often extend how long a personal injury lawsuit takes. However, going to trial may be in your best interests to secure fair compensation for your injuries. That’s why it is important to be diligent when choosing a personal injury lawyer so that you ensure you are working with someone experienced.
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Does Going to Trial Significantly Increase How Long a Personal Injury Lawsuit Takes?
Going to trial has the potential to significantly increase how long your personal injury lawsuit takes for a number of reasons, some beginning before you even step foot in the courtroom. Oftentimes, court congestion can delay the process and create longer wait times.
Trials are often scheduled months in advance and can last several days or even weeks. Once this portion is completed, post-trial motions may follow, such as requests for a new trial, motions to amend judgments, or requests for relief from judgments. Even though these are often rejected, they may still add time to the process.
From filing to verdict, a case that goes to trial can take two to three years or more. While trials are relatively rare, they are sometimes necessary when liability is disputed or when settlement offers are inadequate.
MartinWren, P.C., Can Help You Through the Process
Navigating the court system is challenging and time-consuming. During the process, you want to know that you have someone experienced in your corner.
At MartinWren, P.C., we are here to advocate for you, and we are in it for the long haul. Contact us today to schedule your free, no-obligation consultation.
Call (434) 817-3100 or complete a Case Evaluation form
