An accident can turn a person’s world upside down, leaving them struggling to cope with the physical and financial fallout of someone else’s careless actions. However, many individuals are unsure of the legal process. How long might it take to recover the money they deserve? The answer depends on several factors, and understanding the personal injury lawsuit timeline can help set realistic expectations. About each phase, from filing the claim to potential settlement or trial.
Sometimes, the best way to pursue compensation for a person’s injuries is by filing a personal injury lawsuit. While every case is different, understanding the typical personal injury lawsuit timeline can help you set realistic expectations and reduce stress during a challenging time.
How Long Does a Personal Injury Lawsuit Take?
Accident victims may be eager to resolve their legal situation quickly. The aftermath of an accident can cause an enormous financial burden on a victim and their family, in addition to the emotional stress of managing a personal injury lawsuit. One of the first questions an individual asks is How long my personal injury lawsuit will take.
Unfortunately, the answer is not always black or white. The timeline of a personal injury case can vary widely depending on the incident’s complexity and the severity of the injuries.
The length of a personal injury lawsuit varies based on the case’s complexities and other factors unique to a person’s situation. No one-size-fits-all legal solution results in a set timeline for resolving a South Carolina personal injury lawsuit. Some cases may take weeks or months to resolve. The more complicated the case is, the longer it can take to close out; in some cases, it can take years.
A knowledgeable South Carolina personal injury attorney has the benefit of reviewing a person’s situation and offering a reasonable timeline for resolution, helping to set expectations for the future.
Personal Injury Lawsuit Timeline
From start to finish, the personal injury lawsuit timeline and case documents needed can vary from weeks to months to years, depending on the circumstances of the case. Understanding the steps involved in the process. How long they can take can help accident victims prepare for what’s to come. Knowing the personal injury lawsuit timeline gives you a clearer picture of what to expect—from the initial filing to discovery, negotiations, and possibly trial—so you’re not caught off guard.
Before filing a personal injury lawsuit, an attorney may take the time to develop a compelling claim, issue a demand letter, and negotiate with an insurer.
Timeline Breakdown
While medical treatment and an initial investigation and negotiations may occur in the initial weeks and months after an accident, the meat of the personal injury lawsuit process begins when your attorney files a formal complaint in civil court:
- Discovery – Discovery is often the most time-consuming portion of any personal injury lawsuit. Both sides work to secure and exchange crucial evidence and documentation during discovery, putting everyone on an even playing field. This phase involves gathering depositions, witness interviews, expert opinions, medical reports, and other crucial documentation. Depending on the case’s complexity, discovery can last several months to over a year.
- Pre-Trial Motions – During or after discovery, each attorney may choose to file motions, such as motions to dismiss or motions for summary judgment.
- Settlement Negotiations—Depending on the strengths and weaknesses of the case, both sides may engage in settlement negotiations before trial. Most personal injury cases are settled without going to court. A settlement may offer an accident victim the chance to avoid the stress of a trial and provide a faster resolution to their situation.
- Trial – A South Carolina personal injury case can proceed if a settlement is not reached. From jury selection to verdict, a civil trial can take several days to weeks.
- Appeals – After a trial, either party can file motions or appeals challenging the trial’s outcome. However, these challenges must be based on legal errors made during the trial. An appeal can extend the time it takes to resolve a case by months, potentially longer.
Factors That Influence the Personal Injury Timeline
Factors that commonly affect a personal injury lawsuit timeline include:
- The complexity of the case
- The number of parties involved
- The severity of a victim’s injuries
- The willingness of both sides to engage in meaningful, good-faith negotiations
Another issue influencing a personal injury lawsuit timeline is the setting and waiting for a trial date. Depending on the jurisdiction of the court, case overload in the legal system can extend the time it takes for a personal injury lawsuit to go before a judge and jury.
Let a Personal Injury Attorney Advocate for You
At Evans Moore, LLC, our award-winning South Carolina personal injury lawyers understand that you want a quick resolution to your legal situation. We work with you to help you understand your rights, outline your options, and find solutions that can help maximize your compensation. Our team is here to help you understand your rights and take the first step toward securing the necessary benefits. Contact our office today at (843) 995-5000 to get started with a free consultation.
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