Before deciding to pursue legal action, many people understandably want to know how long injury cases take. The length of time required to resolve a case can vary tremendously, and multiple factors — including injury severity, case complexity, and whether you settle or go to trial — can have an impact. Here’s a closer look at the personal injury trial timeline, as well as the general timeline for cases as a whole.
Usually, a personal injury trial will last anywhere from a few days to a week or two. However, the trial itself is just a small part of the timeline of your case.
Do Most Personal Injury Cases Go to Trial?
Most of the time, personal injury cases don't go to trial. Instead, they settle out of court, meaning you and the insurance company agree on a sum of money you should get. Settling is usually in both parties’ best interests for several reasons, including the following:
It Saves Time
Most personal injury plaintiffs want to receive compensation as soon as possible, and going to trial can significantly extend the timeline. That’s not necessarily because of how long the trial itself takes. There are often multiple hearings leading up to a trial, and each hearing must be scheduled at a time that’s convenient for you, your lawyer, the judge, and the opposing party.
It Saves Money
Going to trial can prove to be very expensive. Insurance companies must pay their attorneys to defend them in the courtroom, and it may end up costing you more, too — many personal injury attorneys charge a higher contingency fee if your case goes to trial.
It’s Predictable
Even if you have a strong case and think there’s no way you won’t win, juries are notoriously unpredictable. If you go to trial and lose, you receive no compensation at all. Insurance companies want to avoid trial because juries often award plaintiffs much more than they would have received in a settlement.
It’s Less Emotionally Taxing
Dealing with a life-altering injury is already very stressful. Most plaintiffs would prefer to avoid the added stress of testifying and being cross-examined in court.
When an Attorney Might Decide to Take a Case to Trial
There are a few situations where a personal injury lawyer may want to take your case to trial:
- The insurance company’s settlement offer is too low.
- The insurance company is denying liability or blaming you for the accident.
- The case is extremely complex and includes extensive evidence from both sides.
Keep in mind that even if your lawyer thinks going to court is your best option, they won’t proceed with the trial without your agreement. If you have doubts, you should discuss them with your attorney immediately.
In a personal injury lawsuit, the support and guidance of an experienced attorney make all the difference. Call Wapner Newman at (800) 529-6600 to book your free consultation today.
What Goes on in a Personal Injury Trial?
A personal injury trial is a type of civil trial. In terms of procedure, it somewhat resembles a criminal court proceeding; however, instead of determining whether someone is guilty of a crime, a personal injury trial determines whether the defendant is responsible for the harm you’ve suffered. If the court finds the defendant to be at fault, it will also order the defendant to pay you a sum of money. Like most criminal court proceedings, personal injury trials tend to last between a few days and a week or so. However, very complex cases involving many witnesses can take considerably longer.
Here’s a breakdown of the personal injury trial process:
- Each side makes an opening statement.
- Each side calls and cross-examines witnesses.
- Each side delivers a closing argument.
- The jury deliberates.
- The court hands down the verdict.
If you do receive compensation, the insurer sends it to your lawyer first. Your lawyer deducts their fees and then gives you the rest.
Understanding the Process of a Personal Injury Case
Trials are rarely the longest part of any personal injury case. To better understand how the trial fits into the overall case timeline, take a look at this breakdown of the steps in the personal injury claim process.
Filing the Initial Claim and Negotiating a Settlement
After filing the initial insurance claim or lawsuit, your attorney will attempt to negotiate a settlement on your behalf. Most cases will settle either early on or after the pre-trial process begins, so it’s essential to have a lawyer with strong negotiation skills.
The Discovery Process
If your case doesn’t settle, you’ll likely start moving toward trial. One of the most important parts of the pre-trial process is discovery. This is where both sides find evidence and share it with the court and each other. The discovery process alone can take several months or longer. Gathering evidence often includes conducting depositions (interviews under oath) with expert witnesses, and that process alone can be quite time-consuming.
Continuing Negotiations
Your attorney and the insurance company will usually continue the negotiation process. Often, personal injury cases that failed to settle initially will be settled during discovery. An insurance company that previously wanted to offer you a lowball settlement might change its tune once it sees how much evidence your lawyer has gathered.
Mediation
Sometimes, the court may require both sides to attend mediation (or another kind of alternative dispute resolution). Mediation involves a neutral third party helping both sides reach an agreement. The mediator may facilitate discussion, but they are not allowed to offer advice or make decisions for the involved parties. Mediation doesn’t always work, but if it does, it may save both sides the stress of a trial.
Trial
If all attempts to settle have failed, the case will go to trial. However, there’s still a chance to settle. You and the other side may settle your case at any point until the jury reaches a verdict.
Have You Been Injured Because of Someone Else’s Negligence?
We Have the Negotiation and Litigation Skills You Need
Even if your case never goes to trial, having the assistance of an experienced personal injury lawyer is essential if you want to maximize your chances of a positive outcome. Our team has helped injured Pennsylvanians recover compensation for decades, and we may be able to help you, too. We have the strong negotiation skills needed to settle with the insurance company — but we’re also experienced litigators who won’t hesitate to go to trial.
If you’ve been hurt in an accident you didn’t cause, we may be able to help you recover compensation. Call Wapner Newman at (800) 529-6600 for a free case review.