- November 9, 2024
- Personal Injury
When filing a claim, a common question is, how long does a lawsuit take to go to court? There is no one-size-fits-all answer for how long a case might take, but every lawsuit will go through the same basic steps. Below, we have outlined in detail what each step typically is and what you can expect throughout the legal process.
Our personal injury lawyers at Goodman Acker P.C. can explain in more detail when you contact us. So, book a free case review by calling 248-286-8100.
Why You Should Contact Goodman Acker P.C.
Our personal injury lawyers have decades of experience helping injury victims fight for and protect their rights. We are experienced negotiators and trial lawyers and understand the process of personal injury lawsuits. Our legal team will gather the documents needed to prove your claim and argue your case in court.
At Goodman Acker P.C., we have a 99% success rate and have recovered millions of dollars in settlements and verdicts for our clients.
We dedicate time and resources to every case we handle and will work to ensure your claim is concluded on time, without undue delay. We will update you every step of the way and will not make decisions without your consent. Call us at 248-286-8100 to learn more about how we can help you.
How Long Does a Personal Injury Lawsuit Take?
Personal injury lawsuits require varying periods of time to resolve. Some cases are settled quickly, while other more complex cases may take months or longer to resolve. Several factors influence the time it takes to settle an injury case, including the court schedules where the legal action is pending, the complexity of the suit, the nature of the injuries suffered by the victim, and the need for ongoing medical treatment.
Steps Involved in a Personal Injury Lawsuit
The facts of each case determine how long a lawsuit will take, but each one moves through the same series of steps:
Finding and Hiring an Attorney
The first step is hiring a personal injury attorney. Depending on your situation, you might need one that specializes in that type of personal injury -- for example, a car accident. When you tell us the facts of your case, we will assign you to a lawyer who focuses on that area.
The Investigation
An investigation into the facts is initiated after you retain our services. We will gather the following data:
- Accident report
- Medical records
- Additional care and treatment recommendations, if needed
- The insurance coverage of the at-fault party.
We will also prepare a letter of retention which confirms that you have retained us to handle your case.
You must receive treatment recommended by the medical professional who assessed your condition. Your treatment record is crucial evidence needed for fair compensation.
Determining the Insurance the At-Fault Party Carries
Since Michigan is a no-fault law state, every driver carries no-fault insurance, primarily personal injury protection (PIP) coverage. However, car owners are advised to have residual liability insurance (Bodily Damage/Property) for instances where they cause an accident that results in severe injury, permanent disfigurement, or death. When filing a lawsuit, we must determine whether the at-fault party has this coverage.
Pre-Suit Negotiations and Filing the Lawsuit
At this stage, both parties share facts and negotiate a settlement. If the compensation is fair, you can accept it. If it isn’t, and the insurance company refuses to make a better offer, our personal injury lawyer will file a lawsuit.
If you accept the settlement offered, the case ends there, and you can no longer file a lawsuit.
The only way to file a lawsuit after taking a settlement is if you can prove fraud. But it’s better to carefully assess your damages before accepting a payment from the at-fault party’s insurer.
Discovery
Once we file the lawsuit, the next stage is discovery. During discovery, there will be interrogatories and depositions, and both parties will develop witness lists. At this point, both parties share information and see the strength of each other’s case.
Case Evaluation
Before the trial, the case is submitted to a panel evaluating the claim. If the amount determined by the committee is acceptable to you, the case is resolved. If not, the case proceeds to trial. This occurs about 50% of the time.
Preparing for Trial and Trial
The case is carefully prepared for presentation to a jury, with all relevant facts regarding the degree of the injuries, the long-term consequences to the victim, the facts surrounding the negligence of the responsible party, and all other details. Our personal injury lawyer will present the case to the jury during the trial.
Verdict Settlement
After hearing both sides, the jury will deliberate on the evidence to reach a verdict. The jury then awards a settlement to the injured party, and the verdict becomes a court order.
How Long Does a Lawsuit Take FAQs
How long does it take to sue someone is not the only question often asked by injury victims. The following are some of the other questions frequently asked:
To calculate your settlement, you must consider the amount spent on medical bills, lost wages, property damages, cost of vehicle repairs, and other economic damages. However, you won’t get the total amount, as non-economic damages are not included and can only be calculated by your lawyer, court, and insurance adjuster.
It covers economic and non-economic damages, including but not limited to medical bills, ambulance costs, nursing care, medical equipment costs, rehabilitation costs, lost wages, pain and suffering, and loss of consortium.
Once you file a lawsuit, it can take months to a year to go through the court system. Also, the time for trial and its duration depends on the court’s schedule and the volume of evidence presented.
You have three years from the day of the accident to file a lawsuit. Once the time elapses, your case becomes time-barred by statute.
Contact the Legal Team at Goodman Acker P.C.
If you have more questions about how long a lawsuit takes and the possible compensation, contact Goodman Acker P.C. We provide legal services on a contingency fee basis and have recovered millions in damages for our clients. Our lawyers are highly skilled, effective, and have a long track record of results.
Call 248-286-8100 to book a free case review.