When you and your lawyer file a personal injury lawsuit in court, the litigation process begins. As soon as a lawsuit is filed, the timer begins ticking toward a possible trial date. Pretrial processes vary from state to state, but on average, a personal injury lawsuit will get to trial in one to two years. There are tight time constraints imposed by every state under a law called the statute of limitations for a lawsuit.
In most personal injury cases, it takes between one and three years to achieve a settlement or a verdict. Every personal injury case is unique and must be evaluated on its own merits. The result is that predicting the length of your personal injury lawsuit is difficult.
According to surveys by the National Center for State Courts and the United States Department of Justice, most personal injury lawsuits are settled within a period of one to three years.
A closer examination of the results:
- The average time it took for a jury to reach a judgement after a case was filed was 25.6 months.
- Product liability trials took the longest time to process, followed by medical malpractice cases (average of 35.1 months) (averaging 33.2 months).
- Pretrial resolution is the rule rather than the exception in tort proceedings (only about 3 percent are actually disposed of by jury or bench trial verdict).
When an accident is straightforward, like a rear-end collision with a car, it may be resolved more quickly. Details and paperwork are readily available in these situations. When it comes to what transpired, there are no doubts.
When there is a disagreement over the facts and a disagreement over who is at fault, a case takes longer. These lawsuits may necessitate lengthy depositions and reports from experts in engineering or accident reconstruction.
In order to receive the full compensation you are entitled to, you should not rush your case. If you want to receive the full compensation you are entitled to, you should not rush your case. It is likely that your lawyer will advise you to wait until you have completed the majority of your medical treatment before making a claim on the insurance company or initiating a lawsuit.
To learn more, click here.