How Long Does a Personal Injury Lawsuit Take?

Rutter Mills Law Firm

How Long Does a Personal Injury Lawsuit Take?

Personal Injury Info

Unfortunately, there is no easy answer to how long a personal injury lawsuit might take. Injury victims might also likely wonder how much their case is worth as well as what their chances of prevailing are. However, the question “how long does a personal injury lawsuit take?” could weigh heavily on the mind of an injured person.

If you have been harmed through no fault of your own, you might be wondering how long it could take to resolve a personal injury claim. These claims can take up your time, and in many cases, a long delay could lead to financial hardship. An understanding of how long your case might take– could help you prepare for what is to come.

Every injury case is different, and there are no hard time limits that require it to reach its conclusion. While some are resolved quickly, others can take months or even years to resolve. When you consult directly with a personal injury attorney, like one of the attorney’s at Rutter Mills, we can evaluate your case and advise you on its potential length. That said, an understanding of what goes into an injury claim could give you an idea of what to expect.

Personal injury lawsuit timeline

To get an idea of how long this could take, it helps to understand the timeline a lawsuit will follow. Keep in mind that each individual step of a lawsuit could vary in length. There is also the potential of reaching an agreed settlement during any point in the process.

  • Pre-suit. Much of the work in a personal injury case should be done before a lawsuit is filed. During the pre-suit stage, the plaintiff and his or her attorney must identify the responsible party and collect records related to the injuries. Parties also typically negotiate before filing a lawsuit. In some cases, a settlement is reached during the pre-suit phase.
  • Filing suit. If a case cannot be resolved, a lawsuit will become necessary to resolve a claim. Contrary to popular belief, it is still possible to resolve it after litigation begins. An important factor to remember with filing suit is that there is a deadline known as the statute of limitations. If you wait too long to file, the court could stop you from proceeding. The statute of limitations in Virginia is two years, according to the Code of Virginia Section 8.01-243.
  • Discovery. After the complaint is filed and the defendant answers, the discovery phase begins. This step of the process could take months in some cases. Discovery involves both parties exchanging evidence they intend to use at trial. This is to prevent unfair surprises, and also frequently leads to a settlement. Once the defendant sees the evidence against him or her, it can motivate them to resolve the case amicably instead of risking a trial.
  • Pre-trial motions. If the case does not resolve at the close of discovery, there is often a flurry of motions prior to trial. These motions could seek to limit the evidence at trial or dismiss a case entirely. While important, this step rarely adds substantial time to a case.
  • Trial. Ultimately, a trial is where many claims are resolved. Most cases involve a jury, but some are heard exclusively by a judge. The length of the trial will vary depending on the amount at stake in the case. A relatively minor injury claim could be resolved in an afternoon, while a complex case could take weeks to try. Furthermore, trial dates are also delayed for a variety of reasons, including settlement negotiations and unavailable witnesses. All told, it could take 1-3 years.
  • Appeals. Unfortunately, a trial is not the end of some injury cases. If the losing side believes the case was decided wrongly, they could file a formal appeal. The appellate process is somewhat uncommon, but when used, it can add an additional 1-2 years to the length of a case.

Factors that can delay an injury claim

Many factors can slow down the resolution of your injury claim. Some of the most common examples include:

  • Delay. It is common for defense attorneys to drag their feet, especially when the facts are not favorable.
  • Medical treatment. If you are still treating your injuries, your trial may be delayed.
  • Large claim amounts. Larger cases have more at stake. This, in turn, often leads to longer discovery periods, among other delays.
  • Legal issues. There could be extended battles over legal technicalities before a case reaches discovery.

Let Rutter Mills streamline the litigation process

One of the ways the experienced lawyers at Rutter Mills can help their clients is by ensuring their case avoids any unnecessary delay. Some courts will allow a case to languish if neither party is actively pursuing a resolution. To learn how our Rutter Mills team of personal injury lawyers could help to resolve your claim expediently, schedule a free consultation right away.

Personal Injury Lawyers

Personal Injury Lawyer Resources – Areas Served

Contact a Rutter Mills attorney to speak about your case today.

Consent
This field is for validation purposes and should be left unchanged.
Experience
0
+

Years Helping Accident Victims

Locations
0

Convenient Offices

Our Team
0
+

Team members ready to help.

TESTIMONIALS

You don’t have to worry about the bills, just get healthy.

Dave Put His Trust in Us

Don’t Fall For The Insurance Company’s Games

Dave suffered serious injuries in a car accident. The defendant’s insurance company tried to offer him a low amount so Dave called Rutter Mills. We took over dealing with the insurance and got Dave the money he needed to get back on his feet.

They enabled me to be happy in life again.

Get Back On Track

Protecting Your Future

Glenn’s car accident changed his life, but not permanently thanks to the help of his Rutter Mills attorney. When the insurance companies wouldn’t help him, our team fought back and won.

I knew I needed Rutter Mills.

Fighting For What's Right

Getting Justice

On his way home from work at the shipyard, Dan was involved in an accident. He tried to file a claim on his own, but the insurance company wouldn’t give him the money he needed to put his life back on track. Dan knew he needed to call Rutter Mills.

They actually won my case 3 times!

Larena's Win

After her car accident, Larena asked her father, a local stevedore, for his advice on who to call. He recommended Rutter Mills. Her team of car accident experts at Rutter Mills fought back when the insurance companies tried to deny her the money she needed to recuperate from her injuries. We took her case to trial – and won. When the insurance company filed their appeals, we beat them again – two more times! Larena got the money she needed and the justice she deserved.

We’re going to immediately call Rutter Mills. That’s the people I trust with my baby girl.

Who Do You Trust With Your Family?

After a car accident, Jamaree’s first call was to her mom. She was shaken up and scared. Mom told her “We’re calling Rutter Mills. Her next was to Rutter Mills. Her Rutter Mills car accident team helped her get compensation “above & beyond” what she was expecting.

They lifted allot of stress off my shoulders. I recommend them to anybody because they WILL fight for you.

Who Can You Turn To?

Referrals From Friends and Family

After John was seriously injured in a motorcycle accident, he turned to the person he trusts most for a recommendation. His wife, a paralegal of 30 years, told him to call Rutter Mills on the advice of the lawyer she worked for.

They really care for you as a person. Words cannot describe what Rutter Mills did for me and for my case.

When You Need Someone In Your Corner

Don’t Go It Alone

When the insurance company tried to get Carol to sign paperwork after her car accident, she knew she needed a lawyer. Carol knew she needed Rutter Mills.

When I called Rutter Mills, I knew it was the right fit. They’re so interested in helping you get justice.

Getting The Justice You Deserve

When Mom Needs Strength

Taryn was in a car accident while she was pregnant. She knew she needed someone in her corner to protect her rights and her family’s future.

There’s attorneys, then there’s Rutter Mills.

We're Here When The Unexpected Happens

Priorities

A devasting accident changed Levon’s life forever. The physical and emotional toll left him scared and in pain. When the insurance company for the defendant contacted the family, they made an offer that did not even cover the cost of the medication, much less doctors’ bills, and physical therapy. They knew they needed to talk to a serious lawyer. Rutter Mills took care of the negotiation so Levon could focus on healing.

When you’ve got a serious injury, you need a serious lawyer. That’s why we chose Rutter Mills.

Motorcycle Accidents Change Everything

When Ed was injured in a motorcycle crash, he knew he needed a serious lawyer to protect his rights. The insurance companies were fighting him every step of the way. Rutter Mills helped prove Ed’s case and get him the money he needed to get on the road to recovery.

With the seriousness of the accident, I knew that we needed a serious lawyer. I needed Rutter Mills.

Carol & Levon's Story

They knew they needed a serious lawyer when Carol and her son were seriously injured. After the other party’s insurance company tried to get her to settle for less than she needed, Carol called Rutter Mills for help. We took on the insurance company so she could focus on healing.

Watch his 30 second testimonial video
Watch Glenn's 30 second story
Watch Dan's 30 second video
Watch Larena's 30 second story
Watch Jamaree's 30 second video
Watch Levon's 30 second video
Watch Ed's 30 second story
Watch Carl's 30 second video
TESTIMONIALS How We Helped