What to expect during a personal injury lawsuit

Filing a personal injury lawsuit can feel overwhelming, especially if you're unfamiliar with the legal process. Whether you've been injured in a car accident, slip-and-fall, or another incident caused by someone else’s negligence, understanding what lies ahead can help you feel more prepared and confident.

From gathering evidence and filing your claim to negotiating settlements or going to trial, each step plays a crucial role in pursuing fair compensation for your injuries. This article breaks down the key stages of a personal injury lawsuit so you’ll know what to expect and how to navigate the process effectively with the right guidance.

The Full Personal Injury Lawsuit Timeline Explained

If you intend to sue (or you are to be sued) for personal injury, here is a likely timeline of events that will occur:

Seeking Medical Attention and Documenting Injuries (2 days – 3 weeks)

Seeking medical attention immediately after an accident is crucial for both your health and your personal injury claim. Medical records serve as key evidence in proving the extent of your injuries and linking them to the accident.

But even beyond providing crucial documentation, seeking immediate medical attention is crucial because you have a legal obligation to not make your injuries worse, and if your failure to promptly seek treatment worsens your injury, you will not be compensated for the worsening you are responsible for. 

In Wilmot v. State of New York, 32 N.Y.2d 164, 344 N.Y.S.2d 350, 297 N.E.2d 90 (N.Y. 1973), it was reiterated that it is a broad rule under the law that no recovery may be had for losses which the person injured might have prevented by reasonable efforts and expenditures.

Even if injuries seem minor, a doctor’s evaluation can uncover hidden complications. This step typically takes anywhere from a few days to about 3 weeks, but could be longer depending on the severity of injuries and follow-up treatments required.

Consistently documenting medical visits, prescriptions, and therapy sessions strengthens your case and ensures you receive the compensation you deserve for both immediate and long-term medical expenses.

Consult an Attorney (1-15 days)

Consulting a personal injury attorney is a critical step in navigating your lawsuit effectively.

An experienced lawyer will assess your case, explain your legal options, and determine the best course of action. Studies have also shown that parties who secure legal representation, and do it quickly are more likely to secure more in damages.

This process typically takes a few days to a couple of weeks, depending on how quickly you can schedule consultations and decide on representation. Hiring an attorney early can prevent costly mistakes and ensure you take the right steps to maximize your compensation.

Investigation and Evidence Gathering (2 weeks – 2 months)

The investigation and evidence-gathering phase is crucial to building a strong personal injury case. You can do this on your own, but it is much easier with an attorney who will be able to collect police reports, medical records, witness statements, photos, and any available surveillance footage.

They may also consult experts, such as accident reconstruction specialists or medical professionals, to support your claim. This process can take anywhere from a few weeks to several months, depending on the complexity of the case and the availability of evidence.

Thorough evidence collection strengthens your position in court, and if you are open to it, during settlement negotiations ensuring that you have the necessary documentation to prove liability and damages.

Filing an Insurance Claim (2 - 8 weeks)

If you can recover compensation from an insurer for your personal injury, your attorney will advise that you first pursue that since lawsuits can drag on.  

Once you or your attorney submit the claim to the at-fault party’s insurance company (or your insurance company as the case may be), the insurer will review the details, including medical records, accident reports, and other supporting documents.

This process typically takes anywhere from a few weeks to a couple of months, depending on the complexity of the case and the insurer’s response time. However, it is important to remember two things at this stage:

• Your claim must contain sufficient evidence to back up the damages you are requesting.
• Most states have laws to prevent insurers from unreasonably delaying the processing of your claim. 

In Connecticut, Conn. Gen. Stat. § 38a-816(6)(e) requires insurers to affirm or deny claims within a reasonable time, and Oregon through Or. Admin. Code § 836-080-0235(1) requires that insurers accept or deny a claim within 30 days.

During this period, the insurance company may request additional information or conduct its own investigation, which can further impact the timeline before they make an initial settlement offer.

Negotiating a Settlement (2 – 6 weeks)

This process typically begins once the insurance company reviews the claim and makes an initial offer, which is often lower than what the victim deserves. Negotiations can take anywhere from a few weeks to several months, depending on the complexity of the case, and the willingness of the insurer to cooperate.

If both sides reach an agreement, the case is resolved without going to trial. However, if negotiations fail, the next step will be litigation.

Filing a Lawsuit (2-4 days)

Filing a lawsuit is the next step if settlement negotiations fail. This involves drafting a complaint outlining the plaintiff’s claims and filing it in the appropriate court.

The defendant is then formally served with legal documents and given time to respond, usually within 30 days. 

The filing process itself may take a few days, but initiating the lawsuit officially starts the litigation phase, which can last several months or even years, depending on the complexity of the case.

Once filed, both parties must prepare for the discovery phase, where they exchange evidence and build their legal arguments.

The Defendant’s Response (2-4 weeks)

The defendant’s response may take the form of an answer, admitting or denying allegations, or a motion to dismiss the case. If the defendant fails to respond within the deadline, the plaintiff may request a default judgment, which can result in an automatic win for the plaintiff.

However, if the defendant does respond, the case proceeds to the discovery phase. The nature of the response can significantly impact the direction of the lawsuit, potentially leading to further negotiations or prolonged litigation.

Discovery Phase (from 3 weeks)

The discovery phase is a crucial part of a personal injury lawsuit, where both parties exchange evidence, gather witness testimonies, and build their cases. 

This process includes interrogatories (written questions), depositions (sworn testimonies), and requests for documents.

Discovery ensures that both sides have access to all relevant information before trial. This phase typically lasts anywhere from several months to a year, depending on the complexity of the case and court schedules.

Delays can occur if either party is uncooperative or if extensive expert testimony is required. Cases can also arise from the extent of discovery necessary to try the case, especially if both parties disagree on what exactly is required. 

In Fields v. McNamara, 189 Colo. 284, 540 P.2d 327 (Colo. 1975), for instance, following a car accident, the parties disagreed on discovery required and had to litigate to challenge a trial court order permitting the plaintiff’s inspection and copying of records, reports, and X-rays 

The outcome of discovery often influences settlement negotiations or preparations for trial.

Pre-Trial Motions and Hearings (from 2 days)

Pre-trial motions and hearings are legal proceedings that help shape the course of a personal injury lawsuit before it goes to trial. 

During this phase, attorneys may file motions to dismiss the case, exclude certain evidence by arguing the scope of discovery (like we’ve discussed above), or request summary judgment if they believe the facts are undisputed.

In Jean-Baptiste v. Walton, 2010 N.Y. Slip Op. 32741 (N.Y. Sup. Ct. 2010), some of the defendants filed a motion for summary judgement on grounds that the plaintiff did not sustain a personal injury and they could not be vicariously liable for the negligence of a rented vehicle’s operator. The court granted their motion in part and denied it in part.

These motions and hearings allow the court to resolve key legal issues in advance. This step typically lasts a few weeks to several months, depending on the complexity of the motions and the court’s schedule. In some cases, a strong motion can lead to settlement discussions or even dismissal of the case.

Trial and Verdict (from 1 day)

During the trial, both parties present evidence, call witnesses, and make arguments before a judge or jury. The plaintiff must prove liability and damages, while the defense seeks to refute these claims.

A trial can last anywhere from a single day to several weeks, depending on the complexity of the case and the number of witnesses. While some trials conclude quickly, others require extensive deliberation.

After closing arguments, the judge or jury renders a verdict, determining whether compensation will be awarded and if compensation is to be awarded, the amount that should be awarded.

Appeal (if necessary) (from 4 weeks)

If you or any of the other parties involved in the initial lawsuit are dissatisfied with the trial verdict, you have the option to file an appeal. This step allows the dissatisfied party to challenge the decision in a higher court, typically within 30 days of the verdict.

The appeals process can be lengthy, often taking several months or even years to resolve, as the appellate court reviews legal errors that may have affected the trial's outcome. Keep in mind that the appeal is not a retrial, but a review of legal procedures and evidence.

Depending on the ruling, the appeal could lead to a new trial or an adjustment to the verdict.

Receive Compensation (from 2 weeks)

Once the court rules in your favor or a settlement is reached, the final step is receiving compensation. This can take anywhere from a few weeks to several months, depending on the financial solvency of the person who is supposed to pay.  

You may also receive compensation in installments, depending on the terms of the judgment. Ensure all necessary paperwork is completed to expedite this process.

Why Hiring Expert Legal Help is Crucial to Your Success

Navigating a personal injury lawsuit can be complex, and expert help is essential to ensuring the best possible outcome. Legal experts, such as personal injury lawyers, bring invaluable knowledge of the law, procedural requirements, and negotiation tactics.

They understand the nuances of personal injury claims, from collecting and presenting evidence to navigating settlement offers or court proceedings. Without this expertise, you may inadvertently make mistakes that could harm your case.

Additionally, experts like medical professionals and accident reconstructionists can help substantiate your claims, providing key testimony that strengthens your position. 

Lawyers also know how to estimate the true value of your claim, accounting for both current and future medical expenses, lost wages, and pain and suffering.

Insurance companies are adept at minimizing payouts, and they often present lowball offers to claimants who don’t have legal representation. A personal injury lawyer will advocate on your behalf, negotiating for a fair settlement and, if necessary, taking your case to trial.

Without expert help, you risk settling for far less than you’re entitled to. Engaging professionals throughout the lawsuit process ensures that you are fully informed, protected, and empowered to pursue justice effectively and efficiently.

How The Accident Helpers Can Help You

At The Accident Helpers, we’ve built a network of top-tier personal injury lawyers nationwide to ensure you get the best representation possible. But you might be wondering: how exactly can we help you?

If you’ve been injured due to someone else’s negligence and need a lawyer, the process of finding the right one can feel overwhelming. While an online search might show a few options, it’s hard to know if any of those lawyers have the experience or dedication to truly advocate for your best interests.

That’s where we come in. Once you reach out to us, we’ll connect you with a select group of highly experienced attorneys in your area—lawyers with a proven track record of securing the best possible outcomes for their clients. We’ll also streamline the process, helping you choose an attorney within a few days, so you can start your case without unnecessary delays.

Best of all, our services are completely free. Contact us today, and let us help you get the legal support you deserve!