How Long Does a Personal Injury Lawsuit Take?

A typical personal injury lawsuit takes anywhere from 12 to 24 months, depending on the severity of the injuries, the complexity of the case, and whether it goes to trial. While some cases settle within a few months, others take years—especially when multiple parties are involved or the insurance company disputes liability. Knowing what affects your timeline can help you prepare and avoid frustration during the legal process.

Key Factors That Influence Timeline

Several variables determine how long your case will last:

• Severity of injuries – Lawsuits often don’t settle until you reach maximum medical improvement (MMI), which can take months or longer.
• Liability disputes – If the other party denies fault or blames you, more time is needed to gather evidence and hire experts.
• Court schedules – Some jurisdictions have overloaded dockets, which can delay hearings and trial dates.
• Insurance company tactics – Delays are common when insurers request repeated documentation, deny fault, or make lowball offers.

Working with an experienced personal injury lawyer can help minimize delays and keep your case moving forward.

General Case Timeline: What to Expect

Here’s a general breakdown of what happens and how long each stage might take:

1. Medical treatment and recovery (0–6+ months): You’ll need time to recover and complete most of your treatment so the full scope of your injuries is understood.‍
2. Investigation and claim setup (1–3 months): Your attorney will gather crash reports, witness statements, photos, medical records, and billing information.
3. ‍Settlement demand and negotiations (1–3 months): Once your damages are clear, your attorney sends a demand letter. Insurers may counter-offer, stall, or reject outright.‍
4. Filing the lawsuit (if no fair offer): If negotiations fail, the case is filed in court and the litigation process begins.
5. ‍Discovery phase (6–12 months): Both sides exchange information, take depositions, and may use expert witnesses to support their case.‍
6. Mediation or settlement talks (1–2 months): Many cases settle after discovery and before trial through formal negotiations or court-ordered mediation.‍
7. Trial (if no settlement): If settlement doesn’t happen, the case goes to trial. This can add several months to the process and depends heavily on the court’s schedule.

Can You Settle Faster?

Yes—cases often settle faster when:

• Fault is clearly established early
• Your medical treatment is complete
• There’s minimal dispute over damages
• The insurance company is cooperative
• Your attorney aggressively pushes for resolution

However, fast settlements may result in less compensation if future medical needs or long-term disability aren’t accounted for. It’s often better to wait until the full picture of your injuries is known before resolving your claim.

What If Your Case Goes to Trial?

Trials take longer because they involve strict deadlines, motions, and preparation. You’ll need to:

• Finalize depositions
• Work with expert witnesses
• Prepare exhibits and legal arguments
• Attend pre-trial hearings
• Wait for a spot on the court’s calendar

Although trials offer a chance for larger verdicts, they also involve more risk. Many cases settle just before trial begins—after the defense sees your full case file.

Understanding how lawsuits unfold also helps clarify the bigger picture. In one article, we broke down the average car accident settlement amounts and what types of injuries lead to higher compensation.

If you're dealing with injuries from a fall, check out our overview of average slip and fall settlement amounts, including how liability and medical treatment influence outcomes.

And when it comes to negotiating your case directly, we've published a guide on how to negotiate a pain and suffering claim with an insurance company—especially useful in early stages of a claim before filing suit.

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