How Long Does A Personal Injury Case Take?

Jed Dietrich, Esq., Recognized as a Best Lawyer and American Institute of Personal Injury Attorneys 10 Best Attorney, is Committed to Protecting the Rights of Accident Victims Across Buffalo. If You or a Loved One Have Been Injured in a Buffalo, New York, Accident That Was Not Your Fault, Our Experienced Team of Attorneys Could Help You Collect the Evidence You Need to Obtain a Fair Settlement.

You should never have to pay the price for another person’s negligence.

If you have been injured in an accident that was not your fault, you could be entitled to significant compensation. Of course, filing a lawsuit is often much easier than fighting and winning one. If you are hurt and struggling to make ends meet, the prospect of spending months in court, all for an uncertain outcome, does not always seem like the most prudent choice to make.

However, taking action does not always mean taking your case to trial. Most lawsuits are never heard by a judge and jury. Instead, they are often settled out of court. Reaching a settlement can take time, but it reduces the risk inherent to trial while providing more opportunities for reimbursement than a simple insurance claim.

Since our founding in 2005, the Dietrich Law Firm P.C. has helped our clients secure more than $300 million in damages. We could help you, too. Please 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.

Every lawsuit is different.

A lawsuit can sometimes be resolved within a matter of weeks, but most cases take longer to litigate. Even if a claim is settled before trial, it can take several months and multiple rounds of negotiations for both parties to reach a mutually agreeable compromise. More complex lawsuits, especially those involving serious injuries and serious damages, can last much longer.

In total, it can take anywhere between 12 and 24 months from filing for a lawsuit to move to trial.

Many factors can influence the duration of a personal injury lawsuit.

These factors include, but are not limited to, the following:

1. The severity of your injuries. In general, lawsuits involving serious injuries take longer to resolve than claims involving minor injuries or property damage.
2. Unresolved questions about fault. If the defendant denies fault, you may have to spend more time gathering evidence to corroborate your version of events.
3. The number of defendants involved. The presence of multiple defendants in a single lawsuit can raise additional complications. Some parties may be willing to settle, while others might try to shift liability onto the victim or the other defendants.

Even though lawsuits differ in their details and can be impacted by many different factors, most personal injury claims, once in court, follow the same procedural steps.

From start to finish, these usually include:

The first step in the personal injury lawsuit process is reaching out to an attorney.

During your initial consultation, you will have a chance to explain the facts of your case and ask any questions you might have about filing a lawsuit, collecting evidence, and calculating compensation. Your attorney may ask for more information before agreeing to take your claim.

The Dietrich Law Firm P.C. will thoroughly investigate accident claims.

This multi-step process usually involves reviewing your medical records, interviewing eyewitnesses, obtaining pictures and surveillance footage from the accident site, and establishing contact with potential defendants’ insurance companies.

If the defendant is a corporation, school, or government agency, we may also subpoena certain internal records and send a spoliation letter to prevent both the intentional and inadvertent destruction of evidence related to your accident.

Most personal injury cases are resolved not at trial but through negotiation.

Before serving notice and initiating litigation, the Dietrich Law Firm P.C. may initiate communication with the defendant and their insurers. Most insurance companies will assign a claims adjuster and enter negotiations. Reaching an agreement can take several months, but it eliminates the risk inherent to trial, where juries sometimes rule against accident victims even in the face of overwhelming evidence.

Discovery is the formal exchange of evidence between the parties involved in a lawsuit.

During discovery, attorneys for both sides can submit legally enforceable requests for documents, written testimonies, and oral depositions. Testimonies and depositions are typically delivered under oath and can be used as evidence in a trial.

A motion is a petition asking the court to rule on a specific matter. The plaintiff, for instance, might ask the judge for a summary ruling. If approved, the case may be instantly resolved pending a hearing for damages. The defense, in contrast, might move to dismiss your case, arguing that you do not have standing or filed outside of the statute of limitations.

Pre-trial motions are normal, and they are not always successful. They can, however, prolong the duration of a lawsuit considerably.

Mediation is a form of alternative dispute resolution, or ADR.

During mediation, both the plaintiff and defendant meet with a third-party mediator to see if there is a possibility of reaching a compromise. Mediation is designed to find a solution before the case goes to trial. Both sides will have an opportunity to present evidence, argue their claims, and discuss potential means for resolution with the mediator. The mediator then goes back and forth between both parties until a compromise is reached.

If a settlement is negotiated, the details will be written down and submitted to the judge for approval.

If a settlement cannot be reached, the case goes to trial.

At trial, all of the evidence obtained through investigation and during discovery will be presented. Witnesses, including expert witnesses, may be called for testimony and cross-examination.

Personal injury trials last between 3 and 10 days.

Do not take chances at trial: a recognized American Institute of Trial Lawyers Litigator of the Year, Jed Dietrich, Esq., has spent decades filing, fighting, and winning high-stakes personal injury claims. Contact the Dietrich Law Firm P.C. today to schedule your free consultation and find out how we could help you make the most of your lawsuit.

Call the Dietrich Law Firm P.C. immediately at 1-716-839-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!