How Long Does a Personal Injury Lawsuit Take?

When you have a personal injury lawsuit, it is important to know what you can expect along the way. This will allow you to make informed decisions about your claim and in your personal life—and this can be critical for ensuring that you do not face unnecessary consequences as a result of the accident. 

So, what can you expect in terms of the timeline of your case? 

While every case is unique, most successful cases get resolved via out-of-court settlements somewhere in the range of three to nine months. However, this is a very rough range; and, if you need to take your case to court, obtaining a final resolution could take a year or longer. 

Understanding the Personal Injury Lawsuit Process 

To see why the timeline can vary so greatly, we can take a look at the personal injury case process. There are several major steps in the process, and each of these steps can take varying amounts of time depending on the circumstances involved:

• The Investigation – The first step in any personal injury lawsuit is conducting a thorough investigation. While this generally means sending an investigator to the scene of the accident, it can also mean hiring engineers and other experts, conducting additional forensic work, and seeking to obtain video footage and other documentation from a variety of sources. 
• Calculating Your Damages – The purpose of conducting an investigation is to determine who (or what company) is liable for your accident. After determining liability, the next step is to determine how much you are entitled to recover. 
• Your Insurance Claim – Once you have all of the information and evidence you need, seeking just compensation will typically start with filing an insurance claim. If you hire a personal injury lawyer to represent you, your lawyer will present the available evidence to the insurance companies and work to secure an acceptable settlement offer on your behalf. 
• Discovery – If you don’t receive an acceptable settlement offer, then the next step may be to take formal legal action. Once you file a personal injury lawsuit, you will be able to take discovery. This involves obtaining additional evidence from the at-fault party. 
• Trial – Finally, if your case still hasn’t settled before your trial date arrives, your lawyer will need to present your case in court. At this stage, it could be 9 to 12 months (or more) since you initiated the process. 

5 Factors that Can Influence the Timeline of a Personal Injury Case

With these steps in mind, we can identify several factors that will influence the timeline of a personal injury lawsuit. Here are five examples: 

1. The Evidence that Is Available 

If your lawyer is able to collect clear and comprehensive evidence of liability, this will significantly improve your chances of obtaining a quick resolution. Conversely, if there is only limited evidence available, you are far more likely to run into challenges when dealing with the insurance companies. 

2. Whether You Are Being Accused of Partial Fault 

If the insurance companies are accusing you of being partially at fault in the accident, this can also add to the amount of time it takes to resolve your claim. Under Arkansas’ comparative negligence law, if you are partially at fault in an accident, this can either reduce the amount you are entitled to recover or prevent you from recovering any compensation at all. 

3. How Much You Are Entitled to Recover 

Generally speaking, the more you are entitled to recover, the harder you can expect the insurance companies to negotiate. Their goal is to pay you as little as possible, and they don’t care how long it takes to resolve your claim. 

4. The Insurance Companies Involved in Your Case 

While all insurance companies put their interests first, some companies fight accident victims’ claims more vigorously than others. As a result, the specific insurance company (or insurance companies) involved in your case can be a major factor as well.

5. How Soon You Take Action 

The sooner you take action, the sooner your personal injury lawyer can conduct an investigation, calculate your losses, and start dealing with the insurance companies on your behalf. To maximize your chances of recovering just compensation as quickly as possible, you should schedule a free consultation with an experienced personal injury lawyer right away.

Do You Have a Personal Injury Lawsuit in Arkansas? Contact Us to Discuss Your Case for FREE

At Oliver Law Firm, we are committed to seeking just compensation for our clients as efficiently as possible. If you need to know more about filing a personal injury lawsuit in Arkansas, we encourage you to get in touch. 

Contact Oliver Law Firm today online or at 479-202-5200 for a FREE case evaluation. We serve clients throughout Arkansas and throughout the United States from our office in Rogers, AR.