How Long Does a Personal Injury Case Take?

If you have been injured in an accident that was not your fault, the prospect of spending months in court for an uncertain outcome could seem like a bad investment. Personal injury cases can take months to resolve, sometimes even years.

However, filing a lawsuit does not always mean committing to trial.

In fact, most lawsuits are never tried before a judge and jury. Instead, they are often resolved through negotiation. Settlements are not reached overnight, but compromise is sometimes preferable to the risk of a full-blown trial.

The time it takes for your case to make its way through the legal system is therefore dependent on a number of factors: the defendant’s willingness to settle, the court’s schedule, and, most importantly, your vision of what constitutes a fair resolution.

How Long Does A Personal Injury Lawsuit Last?

Every lawsuit is different.

If you have a simple claim and overwhelming evidence, simply filing a lawsuit is sometimes all it takes to convince a defendant to sit down and negotiate a settlement. Going to trial, after all, represents a risk for everyone. Nobody knows how a jury will rule, and most companies would much rather settle for a cost than endure an expensive public trial.

However, most lawsuits are not simple. Many factors can influence the duration of a case:

1. The severity of your injuries. Lawsuits involving serious injuries usually take longer to settle than those involving minor injuries or property damage. This is because serious injuries typically result in higher damages. Even if a company is willing to settle, the amounts of money involved tend to necessitate a longer period for negotiation.
2. Unresolved questions about liability. Many people would not admit when they have made a mistake. If the defendant in your case says they did nothing wrong, the burden of proof is on you to prove otherwise.
3. The number of defendants. The person who caused your accident is not always the only party who bears responsibility for its consequences. What happens if you are hit by a semi-truck driver? The driver’s negligence might have caused your crash, but the buck might not stop there. Maybe the company coerced their driver into spending an illegal number of hours behind the wheel, or the vehicle’s brakes failed due to a manufacturing defect. Naming multiple defendants could significantly improve your chances of financial recovery, but it could make your case last longer.

In a typical New York Supreme Court case, litigating a personal injury lawsuit from start to finish can take anywhere from about 12 to 24 months. The time it takes to resolve yours is largely dependent on the severity of your injuries, the complexity of your case, and the trial court’s schedule. If the judge assigned to your case has a packed schedule, they may have to set a trial date a year or more in the future.

Contact The Dietrich Law Firm P.C. Today

Most personal injury claims do not go to trial, but you should never bank on a settlement.

A recognized U.S. News & World Report Best Law Firm, the Dietrich Law Firm P.C. has spent decades helping New York families assert their rights to a fair recovery. Our experienced team of attorneys knows what it takes to negotiate a fair settlement, but we never back down from a fight. Since our founding in 2005, we have helped our clients secure more than $300 million in damages. We could help you, too. Send us a message online or call us today at 1-716-839-3939 to speak to a personal injury lawyer and schedule your 100% free, no-obligation consultation as soon as possible.