How Long Does A Civil Lawsuit Take To Settle?
When you decide to file a civil lawsuit due to an illness or injury, you will likely have a lot of questions about the legal process. Many of those questions may be about the timeline for your case and how long your lawsuit will take to settle. Civil lawsuits may take several months to several years to settle. The time it takes depends on a number of factors.
Each lawsuit is unique, and the timeline will depend on the type of case you file, the status of similar lawsuits, and your specific circumstances. This page is meant to provide general guidance about the timeline for filing a personal injury lawsuit and to answer some frequently asked questions.
How Long Does a Personal Injury Lawsuit Take?
Most personal injury lawsuits take at least 1 year to settle. If your case goes to trial, the timeline will likely be longer. Some lawsuits take several years to settle. Your attorney will advise you on the expected timeline for your case. Even if it takes a while to settle your case or bring it to trial, rest assured our team is working to resolve your case as quickly as possible.
Civil Lawsuit Timeline
The timeline for a personal injury (civil) lawsuit depends on the type of lawsuit you file and the specifics of your case. In general, the initial steps of filing a civil lawsuit and the time it takes for each step are as follows:
- Retain your attorney: 1 to 3 days
- Attorney review of your case: 1 to 3 months, depending on documentation needs
- Filing the Lawsuit: 1 day
- Defendant Response: 1 to 3 months
Once your lawsuit has been filed, the next steps of the civil litigation process can continue. The next steps in pursuing your civil lawsuit are:
- Discovery Phase: During the discovery phase, your lawyer and the defendant’s lawyers will request information, documentation, and expert testimony and depositions. This information will establish facts that your case will be decided upon. Depending on the complexity of your case, this phase could take several months to a few years.
- Settlement Negotiations: In some cases, the defendants may decide they do not want your case to go to trial. They may offer a settlement. If you accept this offer, you would drop your lawsuit against them and not be able to file another lawsuit for the same injury.
- Pre-Trial Motions: If you are not offered a settlement or decline the offer, your attorneys will start preparing for a trial. Your attorney may ask the judge to rule on the case without going to trial, based on specific evidence and findings. Compiling such a request takes time.
- Trial: Your lawsuit may be heard in front of a jury. That jury will decide whether to rule in your favor or the defendant’s favor. If they rule in your favor, you will be awarded damages and compensation.
- Post-Trial Motions and Appeals: If either side wants to appeal the jury’s verdict, they can file an appeal. The appeal may or may not be successful.
The amount of time each of these phases takes can vary widely depending on the specifics of your lawsuit. For example, if your personal injury lawsuit is related to a vehicular accident, workplace injury, or similar event, your lawsuit may progress more quickly. If your lawsuit is related to a defective drug, medical device, or product, external factors may make your lawsuit take longer.
What to Expect When Filing A Case As Part of a Mass Tort
Many people who retain the services of the King Law Firm are doing so because they were harmed by a pharmaceutical drug, device, product, service, or contaminant. When this happens, many people are often hurt by the same thing and by the same company. When many people are harmed by the same source, they may become part of a mass tort lawsuit.
If your lawsuit is a mass tort, it is still a personal injury lawsuit and a civil litigation. However, it is a very specific type of civil litigation. When your lawsuit is a mass tort, you will likely join something called a multidistrict litigation (MDL), which is a type of litigation somewhat similar to class action litigation. However, in an MDL your case and potential compensation is decided on its own merits. If you receive compensation, you will not receive a predetermined award amount. You will receive an amount based on your own injuries and circumstances.
Timeline for Filing A Mass Tort Civil Lawsuit
If your case is a good candidate for joining an MDL, there are certain actions you will have to complete to move your case through the legal process. The steps and a general timeline are as follows:*
- You select a law firm to represent your case (Day 1)
- You sign a retainer with that law firm (Days 1 through 3)
- Your attorney’s office sends medical release forms, in accordance with HIPAA (Days 3 through 7)
- You fill out and return medical release forms (Days 14 through 21
- Your attorney’s office orders necessary medical records (likely from multiple physicians and providers; Days 21 through 28)
- Your providers return the records (Weeks 8 through 12; depends on your state’s procedures and providers’ turn-around-time)
- Your attorney reviews the records for completeness, the need for supplemental requests, and information about your diagnosis and use/exposure (8 to 12 weeks after receiving requested information)
- Your attorney determines the best course of action, which may include:
- Filing a lawsuit
- Holding onto your case until your legal options are solidified through other’s active cases in the courts
- Rejecting your case if specific criteria were not met
- Inventorying your case if it does not currently meet the lawsuit’s criteria but may be eligible in the future
*This timeline is for informational purposes only. The timeline of your lawsuit and how quickly it progresses will be unique. Some factors can make things take longer than these general timeframes.
What Will Happen During the First 90 Days of My Lawsuit?
During the first 90 days of your lawsuit, you and your attorney will be in the information-gathering phase, which will help confirm your eligibility and build your case. Once you retain our law firm to represent your case, our team will work with you to collect the necessary documentation. Once everything is in order and we determine you are eligible to file a case, we will either file your lawsuit in the applicable state or federal court, or we will wait for the legal picture to develop in the MDL and review your filing options.
What Should I Expect At the Beginning of My Lawsuit?
At the beginning of your civil lawsuit, you should expect to assist in retrieving documentation and signing the proper releases for your attorney to get records and information. Your attorney will be reviewing this information to confirm your eligibility and start building a case against the entities who harmed you.
What Happens After I Sign a Retainer?
When you sign a retainer, you are agreeing to our law firm representing your case throughout the legal process. Once you sign a retainer, we will start the record-retrieval process and start building your case. Your retainer will include the terms of the fee-split with your attorney. The fee split is an agreed-to percentage that your attorney will be paid if you receive compensation after filing your lawsuit.
You should not retain more than one law firm, as you cannot have duplicate counsel when filing a lawsuit. Your case could be removed from the litigation if you have retained more than one firm.
What is some of the information I need to submit?
You will likely be asked to gather different documents throughout the course of your lawsuit. Some items you might need to track down are:
- Medical records
- Treatment records
- Proof of prescriptions
- Proof of purchase
- Proof of usage of a product or service
- Proof of lost income
- Proof of missing work or school
- Employment records
- Address records
- Accident or incident records
- Witness statements from family members, employers, or friends
You should only provide documents that your attorney requests. There is no need to gather large amounts of information unless your attorney requests them. You and your attorney’s team will work together to determine the best way to deliver these records.
What Documents Should I Start Preparing Now?
As you begin your case, the most important records to gather are records showing your exposure, product use, and diagnosis. In some cases, you can share portal access (e.g., government or medical) with your attorney to expedite information gathering.
How Long Does It Take For Attorneys to Review and Work Up My Case?
Once we receive the requested information, it will likely take 8 to 12 weeks for our team and legal partners to review your case. It is important that we are thorough during this stage of the lawsuit. We need to build a complete, accurate, and comprehensive case. Doing such will give you the best chance of receiving compensation from the parties who harmed you.
H3: What Happens After My Case is Prepared?
Once your attorney has compiled your case, it could be a while before your case is filed in court or moves toward a settlement. The time it takes for your case to move through the legal process will depend on what harmed you and the status of similar lawsuits. If your case is part of an MDL, there could be a long wait while the high-level case is prepared and presented in federal courts. You can be sure that our team will file your case within the legal deadlines and at the most opportune time for you.
How Much Will Filing a Lawsuit Cost Me?
When you choose to file a lawsuit with King Law or one of our legal partners, you do not pay any upfront fees. We work on a contingency-fee basis with our clients. That means we only get paid if you receive compensation through a settlement, jury award, or similar compensation. That payment to our firm would occur when you receive your compensation. If you do not receive compensation, you will not pay our team anything. Here are some of the expenses we cover either upfront or in their entirety:
- Court fees
- Medical records
- Expert fees
Do I Have to Pay My Attorneys To Go to Trial?
If your case goes to trial, you will not pay anything ahead of time. You will only pay our attorneys if you receive compensation. The percentage of your compensation that you pay to the law firm is agreed upon in your retainer. That percentage does not change if your case goes to trial.
How Often Should I Reach Out to My Attorney?
When you first retain our services, you will likely hear from our team members. We will request a variety of information. You will likely hear more from our team during the first 3 months of the legal process. Once we have gathered all of your necessary information and compiled a legal complaint, we may not file that complaint immediately. This is especially true if you are joining an MDL. These group lawsuits are massive litigations that can take multiple years to resolve. We will file your lawsuit at a time that gives you the best chance of securing compensation.
When Will My Lawyer Reach Out to Me?
Our team will be in contact whenever we need information about your case. Similarly, we will reach out when there is a development relevant to your specific lawsuit. We understand the importance of resolution in your case. As soon as we can move your case forward, we will. You will hear from our team.
How Can I Be Sure My Case is Staying On Track?
King Law and our partners take pride in providing consistent and reliable services to our clients. We keep track of our cases and make sure your case is filed on time and stays on track. If you ever have questions about the progress of your case, you can reach out to our firm. We know how important these cases are to each of our clients. We understand filing a lawsuit can be stressful. We are here to support you throughout the process.
Other Common Questions
Who Am I Suing?
When you file a personal injury lawsuit in civil court, you are filing a lawsuit against the person or company responsible for your injuries or illness. That could mean suing a reckless driver, a drug company, a chemical manufacturer, a service provider, or another entity.
Will I Have To Travel if I File a Lawsuit?
It is highly unlikely that you will have to travel if you file a lawsuit. If you wish to conduct business in-person, our firm will work with you on that request. However, it is unlikely you will have to travel a great distance to appear in court or for settlement negotiations. This is especially beneficial if you are unwell.
How Much Will Filing a Lawsuit Cost Me?
Filing a lawsuit will not cost you anything up-front. Our firm and partners work on a contingency-fee basis. That means we only get paid if you receive compensation. We would take a percentage of that compensation, which would be agreed upon in your retainer. Filing a civil lawsuit will have no initial cost to you.
What is a Multidistrict Litigation and Am I Joining One?
A multidistrict litigation (MDL) is a type of civil litigation. An MDL is a type of group lawsuit. When you join an MDL, you are joining a federal group lawsuit. This lawsuit is likely against a large corporate entity such as a manufacturer or drug company. In an MDL, much of the early work in the lawsuit is performed for the entire plaintiff group. This work includes proving something causes harm, what harm it causes, and what businesses are responsible for that harm.
However, when it comes time for your case to be decided, it is decided on its own merits. Your compensation would be unique to your circumstances.
You are likely joining an MDL if your case is a mass tort. If the product, drug, device, service, or contaminant that harmed you harmed many people, you will likely join an existing or forthcoming MDL.
Are MDLs Like Class Action Lawsuits?
MDLs are similar and different from class action lawsuits. Both types of civil litigation involve groups of people who were harmed by the same thing and harmed in a similar way. However, in a class action lawsuit, the lawsuit is tried as a single lawsuit that represents the members of the group. Everyone gets the same outcome. In an MDL, the outcome of your lawsuit and potential compensation are unique to your circumstances and injuries.
How Long Does it Take Before I Receive a Settlement?
The amount of time it takes to receive a settlement from a civil lawsuit varies widely from case to case. If you are filing a personal injury lawsuit related to a vehicular accident, occupational accident, or catastrophe, your lawsuit may move through the legal process in a year or more.
If you are joining an MDL, it may be 1 to 4 years or more until you receive a settlement. This is because these lawsuits involve huge corporate entities and the litigation is complex. These types of lawsuits can take years to play out. We understand this is frustrating, but we will hold these companies accountable for their wrongdoings. We will do everything we can for you to receive the most compensation and justice for your injuries and losses.