This may take 1 to 3 years to settle or receive a verdict for a civil bodily injury case. All personal injury cases are different, making it difficult to determine how long it will take to resolve your case.
This doesn’t mean you don’t have options. If you are currently facing a personal injury case and want to resolve it quickly, there are several ways to speed up each step of the process.
Most Personal Injury Settlement Lawsuits End in 5 Steps
If you attempt a settlement and are successful, your trial will conclude in 5 stages. Once the settlement has been reached in court, you will extend your case from a few months to several years.
Step 1: Engage with a lawyer
It may take a few weeks to meet with an attorney, so plan ahead and start researching law firms that have experience with your specific case. For example, the Dixon Injury law firm is one of the best law firms for workplace accidents in St. Louis, and you want one of the best in your area.
Keep in mind that the first, second, or third lawyer may not check all of your boxes. It may take several law firms before you find an attorney who fits your budget and settlement goals.
Step 2: Start the file
To file a civil action, you must:
The statute of limitations for personal injury cases is between 1 and 3 years, depending on the state. With this in mind, the attorney will begin drafting the complaint, which can take a week to a full year.
This time frame may be out of your control, because the complexity of the settlement, the attorneys’ decision to negotiate, and the defendant’s cooperation determine how long it will take.
Step 3: Pretrial Discovery
The discovery stage involves the pre-trial process of exchanging information between the parties to the trial. You will need to file a police report and give your attorney a copy of the report, along with your medical records, car insurance, company emails, and security footage, if applicable.
Discovery begins immediately after a complaint is filed and lasts until 30 days before trial. Be sure to submit all your documents in advance and attend deposition meetings on time.
Step 4: Pre-Trial Motions
The defendant’s attorney and your attorney will file several pretrial motions, which ask judges to decide specific issues. These include everything from documents to location.
Update to ; The defendant’s attorney and your law firm specializing in injuries will file several pretrial motions, which ask judges to rule on specific issues. These include everything from documents to location.
Some pretrial motions are lengthy and take some time to complete. For example, a motion to compel an attorney takes less time than a motion for summary judgment because it asks the judge to dismiss the case. The first example requires the attorney to turn over evidence related to the trial.
Talk to your attorney about limiting these lengthy claims to get a settlement sooner.
Step 5: Payment
Most personal injury cases are settled without a trial. After the discovery stage, your attorney will participate in settlement discussions. Your attorney will likely not discuss every settlement discussion, but he or she will provide you with offers that you can accept or reject.
At this point, the smartest thing to do is to wait until the last second, so you can get the most out of the settlement while avoiding trial. However, if you want the settlement to be reached as quickly as possible, you can accept the first deal the defense team offers you and end this case.
Ideally, the settlement should cover medical expenses, property damage, lost income, future lost income, an estimate of future medical expenses, and a multiplier to assess general damages.