How Long Do Personal Injury Lawsuits Last?

How long do personal injury lawsuits last? From filing, through arbitration/depositions, and
possibly even a trial, a lawsuit can be a lengthy process. The answer to this question is going to depend upon the
complexities of your claim. However, a personal injury case can typically last a year. If you’re currently pursuing
a personal injury claim, and you need assistance with your case, call our personal injury lawyers in St.
Louis at your earliest convenience. Our consultations are free, and we don’t charge any fees unless we
win your claim.

How Long do Personal Injury Lawsuits Last? – Personal Injury Lawyer St. Louis

The first point to remember is that every case is different, and some cases may be more complex or simple than
others. Let’s say you have a solid case where the defendant doesn’t have any recourse to object to your charges.
It’s clear that you are owed for your injuries, and it is clear that they must pay. These types of cases can
typically be settled before a trail and usually through some form of arbitration. When no trial is required, a case
may only take a few months, and typically less than a year.

However, let’s imagine that the case involves a massive settlement and includes an entire class of people who could
have been wronged or injured by an individual or company. These cases almost always go to court, involve the
testimony of several different types of experts, the testimony of those wronged, and even after the judge or jury
declares a settlement the case can go through appeals. These cases can take years, and our most recent Missouri Department of Corrections case
is just one example.

What about normal cases? What about a case that isn’t simple, that has differing arguments, evidence, and goes to
trial? How long do those typically take? Let’s go through the several steps a personal injury lawsuit must take
before it is settled.

Step 1 – Filing the Lawsuit – Personal Injury Lawyer St. Louis

This part is important. For any civil filing, the case must be filed within the statute of limits of the law that is
being invoked for the case. That means if a certain law says you have three years to file a claim, then your lawsuit
must be filed within three years of the date of the initial event. Filing a personal injury lawsuit
doesn’t take a great deal of time.

Step 2. Service of Process – Personal Injury Attorney St. Louis

Once the lawsuit has been filed, it must be sent with your reason for filing and demands to the defendant listed on
the lawsuit. These can be delivered by a process server, or a deputy sheriff. The delivering of the process takes as
long as it takes to get into actual contact with the person. Movies have actually been made showing how hard it can
be to deliver a summons to someone who doesn’t want to face the lawsuit. Typically though, a summons only takes 1-2
days.

Step 3. The Answer to A Summons – Personal Injury Lawyer St. Louis

Once they’ve received the summons, there are several answers they can make. They can agree to the facts but disagree
on the suit and provide a counter-argument, or they can also sue you back, in which case you can expect a similar
summons and answer. If they receive the summons but don’t answer to the suit, then a judge can declare a default
judgment in your favor.

Step 4. Motions – Personal Injury Attorney St. Louis

Once the summons have been answered, either side can ask the judge for motions to dismiss the case, or motions for
summary judgment if they want immediate action on the case. These motions simplify the trial process so that
discovery and depositions don’t have to take place. If a judge grants either of these motions, the personal
injury lawsuit can be shortened substantially.

Step 5. Discovery and Depositions – Personal Injury Lawyer St. Louis

If any motions were introduced, and the judge declined to act on either motion, the personal injury
lawsuit then moves into the discovery phase, where each side can ask the other side for information,
facts, and who the witness, if any will be brought forth, are. The discovery phase is about finding which facts are
agreed upon, which are in dispute, what each side admits to, and what evidence will be submitted at the trial.
Scheduling can draw this process out, as well as having subsequent depositions, new facts emerging, speaking to
witnesses and experts, etc.

Step 6. Trial – Personal Injury Attorney St. Louis

The trial is the culmination of the entire process. Facts are argued, witnesses are examined, and laws are evoked.
Trial take as long as necessary, and for some cases, it can take years. Scheduling can be used to delay a trial,
recesses can be used to delay a trial, sickness, jury selection, etc. All of these factors can increase the time it
may take to settle a personal injury lawsuit. Jury trials typically take 4-5 days to complete.

Personal Injury Lawsuits take as long as they need.

Remember, every case is different, and every claim is different. If major injuries are involved, or a class action is
involved, the case may take longer, the defendants may try to fight it out. Give your personal injury
lawsuit the time it needs so that you can get the proper recovery. If you have a current lawsuit that
you are struggling with and need guidance, our personal injury lawyers in St. Louis can help. Our
consultations are free and we don’t charge any fees unless we win your claim.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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