When a person suffers an injury because of the negligent behavior of another, they may be entitled to pursue a settlement through a personal injury claim. Personal injury attorneys represent injured clients, working to gather evidence to support their claim and negotiate the maximum settlement possible. In about 95 percent of cases, personal injury claims are settled without ever going to trial. Settlements typically fall into two categories:
- Pre-suit settlements where the claim is resolved directly with the insurance company through demand letters and negotiations before any formal lawsuit is filed.
- In cases where the insurance company refuses to agree to a fair settlement, a personal injury attorney typically files a lawsuit in court to apply legal pressure. The vast majority of these personal injury lawsuits are settled before a judge or jury ever gets involved through renewed negotiation or a mediation or arbitration process.
Settling a personal injury claim before a lawsuit is typically faster and less expensive. However, pursuing litigation may be necessary to receive higher compensation, particularly in cases involving severe injuries. If your case proceeds to trial, it is very important that you have chosen a personal injury attorney with experience in personal injury litigation who has access to resources like expert witnesses.
Read on to learn about the estimated timeline for the small percentage of injury claims that move to trial.
The Timeline for Personal Injury Lawsuit
There is no fixed timeline for a personal injury lawsuit, and the length of the process can vary significantly from case to case after negotiations fail. In general, plaintiffs (the injured party) should be prepared for litigation to take anywhere from approximately 12 months to three years before final resolution and payment are received, though appeals can extend the process beyond four years. When reading the timeline below, keep in mind that litigation does not always proceed in a strict step-by-step sequence, as many phases overlap and timelines are frequently extended by scheduling conflicts, continuances, ongoing settlement negotiations, and court delays.
- Filing the Lawsuit
The first step in a personal injury case that is moving to litigation is filing the lawsuit. The at-fault party must be personally served with the lawsuit, which can sometimes be delayed if the at-fault party is difficult to locate.
Approx. time: 30 days
Typical cumulative range: 0.5-1 month
- Answer to the Lawsuit
Once served, the defendant (negligent party) will typically report the lawsuit to their insurance company. The insurer will then assign attorneys to defend the case. Defendants typically have 21 days to file their response, though extensions are common.
Approx. time: 21 days
Typical cumulative range: 1-2 months
- Initial Disclosures
Next, both parties share initial disclosures, including witness lists and supporting exhibits. This is a legally required exchange that promotes transparency and helps establish the groundwork for the case.
Approx. time: 65-107 days
Typical cumulative range: 4-5 months
Stages 4, 5 and 6 often overlap and may be extended by court scheduling orders.
- Fact Discovery
Discovery is often the most time-intensive phase of the litigation process. During this time, both sides gather evidence through depositions (recorded sworn testimony under oath), interrogatories (written questions answered under oath), and requests for documents. Treating doctors and other witnesses may also be deposed.
Approx. time: 120-210 days
Typical cumulative range: 8-12 months
- Expert Discovery
During expert discovery, each side identifies and discloses expert witnesses, such as treating physicians, accident reconstructionists, or economists, who may provide reports, analysis, and testimony to support their case. Expert testimony often plays a critical role in determining case outcomes.
Approx. time: 30-90 days
Typical cumulative range: 9-15 months
- Mediation or Arbitration
Before most cases go trial: mediation or arbitration. In mediation, a neutral party facilitates settlement negotiations, while arbitration is a more formal process where an arbiter decides the outcome.
Approx. time: 30-40 days
Typical cumulative range: 10-17 months
- Jury Trial
If a resolution cannot be reached through mediation or arbitration, the case proceeds to a jury trial. However, trials are subject to court schedules with criminal cases typically taking precedence over civil cases.
Approx. court backlog in Whatcom County*: 8-14 months
Typical cumulative range: 18-31 months (1.5-2.6 years)
*The Whatcom County court system does not publish a specific civil backlog estimate, but civil trial scheduling delays are common and trial dates are heavily dependent on court availability.
- Post-Judgment Motions
After the trial, each party has the right to file motions to challenge or modify the court’s decision. These motions can extend the timeline further.
Approx. time: 45 days
Typical cumulative range: 19.5-32.5 months (1.6-2.7 years)
- Appeals
After trial, each side has 30 days to file an appeal. Once an appeal is filed, it normally takes about 1-1.8 years for the appeals court to decide the case. An appeal is rarely decided in less than one year after it is filed. Most appeals are unsuccessful, and the original judgment is usually upheld. In fact, only about 1 in 15 appeals results in the original decision being overturned. When an appeal is granted, a new trial date is set, and the timetable from #7 starts all over again.
Approx. time: 1-1.8 years
Typical cumulative range: 31.5-54.1 months (2.6-4.5 years)
- Receiving Payment of the Jury Award
If the plaintiff wins at trial and the appeals process is complete, the final step is receiving payment of the jury award or settlement. Depending on the circumstances, payment may come from the insurance company, the defendant, or both. In some cases, additional delays can occur if liens, medical bills, or structured payment arrangements must be resolved before funds are distributed.
Approx. time: 30-60 days after final resolution
Typical cumulative range: 20 months-35 months (1.7-2.9 years) for cases that were not appealed or 32-56 months (2.7-4.7 years) for cases that were appealed.
Seek the Help of a Personal Injury Lawyer
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! Since 1979, our personal injury law firm, Tario & Associates, P.S., has been dedicated to fighting for the rights of people injured throughout Washington State, with local offices in Bellingham and Mount Vernon to serve residents of Whatcom, Skagit, Island, and Snohomish counties. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
