What Is the Average Personal Injury Lawsuit Timeline?

Unfortunately, there isn’t an average timeline for personal injury lawsuits that you can reference to find out how long your case will take. Depending on the nature of your claim, it could take a few months or a year to resolve.

At 1LAW, we believe in arming the wrongfully injured with quality information so they can make smart legal decisions. While we can’t give you an estimate of the average personal injury claim timeline, we can walk you through the steps of a typical case.

Personal Injury Lawsuits Start With an Investigation

To get you the compensation you’re entitled to, your attorney must build a detailed insurance claim, which requires evidence and testimony from multiple sources. They’ll gather documents from several different parties and work with experts to collect all the evidence they need to construct a winning claim.

Here’s what your personal injury lawyer will do to make sure your claim includes relevant and convincing evidence:

• Obtain a copy of the police report
• Source footage of the accident from nearby cameras
• Speak to eye-witnesses
• Work with accident reconstruction experts to determine what caused the crash
• Identify the at-fault party
• Analyze your medical documents

To get the exact amount of money you need, your attorney will assign a monetary value to your losses. For some losses, this process is as easy as reviewing vehicle repair or medical bills, but it can be more difficult for others, like mental distress and physical pain. Your attorney will use a tried and true system to appraise your non-economic losses accurately.

The Average Personal Injury Case Is Settled Without a Lawsuit

The majority of personal injury lawsuits are resolved out of court, which means you’ll likely get your compensation from an insurance settlement. To get the insurance money you need to pay your medical bills and other expenses, your attorney will have to negotiate with the at-fault party’s insurance provider.

Since most insurers are eager to reduce their liability and pay claimants as little as possible, your lawyer will have to work hard to convince them to do otherwise. Your attorney will present all the facts regarding your accident and injuries to persuade adjusters that you deserve a substantial payout.

Insurance negotiations can be intense and may get drawn out for weeks and weeks until an amicable conclusion is reached. If insurers refuse to accept your claim or offer enough money to cover your losses, you might have to resort to a civil suit. If your case goes to trial, you can expect to add at least several months to your personal injury lawsuit timeline.

The Statute of Limitations May Influence Your Personal Injury Lawsuit Timeline

If you need to file a lawsuit to get your losses reimbursed, your attorney must get your suit submitted before your state’s filing deadline. This time constraint will likely affect the timeline of your personal injury suit, as filing before the legal deadline is essential to the success of your case.

To find out how long you have to file a lawsuit in your state, please refer to the following deadlines:

• California: California Code of Civil Procedure § 335.1 states that wrongfully injured Californians have two years from the date of their injury to file a lawsuit. However, the timeline is a bit shorter if you are pursuing actions against the state government. According to California Government Code § 911.2, plaintiffs pursuing suits against government agencies only have six months to file.
• Utah: Under Utah Code Ann. § 78B-2-307, those injured by the negligent actions of another individual or party have four years from their injury date to submit a lawsuit.
• Nevada: Nevada Revised Statutes § 11.190-(4)(c) allows injured Nevadans two years to file a personal injury lawsuit. However, if you need to recover compensation for damaged property, you’ll have three years to bring a lawsuit against the at-fault party.

Steps Involved in the Average Personal Injury Lawsuit

Once your personal injury lawsuit has been filed, the next step is the discovery process. During discovery, both sides will gather information and evidence from each other. The exchange of information could take the form of interrogatories, depositions, and written questions.

Once both parties have the facts they need, they’ll enter a negotiation session to negotiate a settlement. It’s common for cases to settle at this stage, but if an agreement isn’t reached, the court will hear your case.

Your court trial will likely last at least a couple of days, though complex personal injury cases can drag on for weeks and even months. At the end of the trial, the jury will deliberate and decide if you should receive damages.

Your Attorney Will Keep You Informed Throughout Your Personal Injury Lawsuit

Not knowing exactly how long the timeline is for your personal injury claim can be frustrating, but having an attorney who provides regular briefs on your case can help you stay sane. A high-quality lawyer will offer clear and concise updates at every stage of the legal process.

They’ll answer your questions and give you a ballpark estimate of how long each step will take. Remember, unexpected developments can arise during the claim-filing process, so don’t get too upset if your lawsuit’s timeline gets extended. If your lawsuit is taking a while to wrap up, it’s probably because your attorney is working hard to get you all the damages you need.

A Lawyer From Our Firm Can Help You Understand the Timeline for a Personal Injury Suit

A lawyer from our firm can answer any further questions you have about the timeline of an average personal injury lawsuit. They can also represent you at the negotiating table and in the courtroom. Our attorneys have a wealth of experience helping individuals in Utah, Nevada, and California get the damages they need to rebuild after a serious accident.

If you’ve been injured by a negligent driver, doctor, property owner, or another type of party, our team can help you pursue financial remedies. Contact 1LAW today to hire one of our highly skilled personal injury attorneys. You can also take advantage of our free legal chat service to learn more about lawsuit timelines and the legal process in general.