How Long Does a Personal Injury Claim Take in Court?

If you are considering filing a personal injury claim, you’re likely concerned about how long the process will take. The time it takes to resolve a personal injury claim varies from case to case, though we can outline the general legal process.

There are seven steps to personal injury claims:
1. Contact an attorney
2. File a claim
3. Receive a scheduling order and start the discovery process
4. Attempt a settlement
5. Go to trial
6. Receive the verdict
7. Collect compensation

Keep reading to discover what each step entails and how long it is expected to take.

1. Contact a Personal Injury Attorney

People who sustain a personal injury that involves breaking a bone, taking time off work, paying thousands of dollars in medical bills, or other serious situations should contact a personal injury lawyer.

An attorney can predict how long your case will take and the expected outcomes based on previous experience, though your case could be different. Lawyers also help you begin the paperwork process.

2. File a Personal Injury Complaint

After hiring a lawyer, they will file a personal injury complaint, which includes a basic explanation of the facts and expected compensation.

Victims must file personal injury claims within a certain period after the incident occurs, and each state has different filing deadlines. In Ohio, the statute of limitations indicates that you must file a complaint within two years of the incident.

3. Receive a Scheduling Order and Start the Discovery Process

The court proceeds to present a scheduling order, which sets deadlines for the disclosure and discovery process. They also set a court date from six to fourteen months after filing a complaint.

Discovery includes gathering evidence that supports the personal injury claim. Such evidence includes medical treatment reports, police reports, witness statements, and anything else that supports the case. Discovery typically takes six months to a year.

4. Try to Reach a Settlement

Most personal injury cases end at this step. A settlement occurs when the prosecuting and defending parties decide on a fair agreement through neutral third party mediation or negotiation.

A settlement is the quickest and cheapest way to solve a personal injury case. If one of the parties does not agree to a settlement, lawyers must file a personal injury lawsuit and go to court.

5. Go to Trial

Trials may last days or weeks, depending on the evidence presented and the severity of the injury. A settlement may occur before the trial begins or in the courtroom. Otherwise, a judge or jury will deliberate on the outcome of the trial.

6. Receive the Verdict

Victims of a personal injury typically receive a verdict one or two years after initially filing. Sometimes the defending party appeals the ruling, meaning you must either re-trial or agree to a new settlement.

7. Collect Compensation (if applicable)

If you pursue compensation for your personal injury claim, you can collect it after reaching a settlement or receiving a verdict. Sometimes, you collect the money in a lump sum; other times, the defense will pay in several increments. Each case is unique.

Looking to File a Personal Injury Claim?

The time that a personal injury claim takes varies greatly from a few weeks to three years. If you believe that your injury is severe enough for compensation, contact a personal injury claim attorney from Hoffman Legal Group, LLC.

Our team is knowledgeable in personal injury law and AV Preeminent peer review rated through Martindale-Hubbell (the highest rating given to lawyers). It is our priority to serve our clients with compassionate care.

Call our Beachwood, OH office at (216) 292-5200 for a free first case evaluation, or contact us on our online form today.