Dawn Pinnisi
February 6, 2025
It’s a question we hear often, and for good reason: navigating the legal process can feel overwhelming, especially when trying to recover from an injury. At Varcadipane & Pinnisi, P.C., we understand how important it is for Paramus, New Jersey, residents to get answers tailored to their unique situations. In this blog, we’ll walk you through the process step by step to help you understand how long a lawsuit takes and what to expect.
Common steps of a personal injury lawsuit
The time it takes to file a personal injury lawsuit can vary depending on the case’s specifics. But most lawsuits go through these broad stages:
1. Filing the Complaint
The process starts with filing a complaint, which details your claims and the damages you seek. This act is an official notification to the other party of your intention to take legal action. That’s a particularly important step in New Jersey, setting the tone for the rest of the case.
2. Service of Process
Bill will bring the defendant three documents of law, which will ensure they are formally notified about the lawsuit. This step can take a few days to a couple of weeks, depending on the method used and the defendant’s location.
3. Discovery Phase
Discovery is one of the most time-consuming areas of a personal injury case. The discovery stage is when both parties exchange evidence, such as medical records, accident reports, and witness statements. The goal is to gather evidence that bolsters each side’s argument. Depositions, for example, are frequently taken during discovery, which can also drag out these proceedings.
4. Settlement Negotiations
In fact, most personal injury cases are settled before trial. Negotiations can occur anytime but typically after discovery when both sides have a more complete view of the case. Settlements save time and money, but the case continues if no settlement is reached.
5. Trial Preparation and Trial
If your case goes to trial, your attorney will prepare the case through evidence organization, argument writing, and possible informal meetings with expert witnesses. Trials can range from one day to one or more weeks, depending on the case’s complexity and the court’s schedule.
6. Appeals (If applicable)
And in rare cases, either side can ask an appellate court to overturn the verdict, which adds to the time of the process. Appeals take a higher court that reviews the original trial to see if there were any mistakes.
Each of these steps takes time to complete, but delays can occur due to court scheduling, negotiations, or the availability of witnesses.
How long do I have to file a personal injury lawsuit?
The statute of limitations on personal injury lawsuits in New Jersey is two years from the date of your injury. You must file your lawsuit within this period or lose your right to seek compensation. There can be exceptions in cases involving minors or if the injury wasn’t obvious at first. It is important to act fast and speak with an experienced attorney to ensure your claim is filed timely.
Personal injury length by case type
The particular type of personal injury case you’re filing can affect how long the lawsuit takes. Here’s a guide to the most common case types and average timings:
Car Accidents
Car accident cases are the most common and typically involve obvious liability on the part of the at-fault driver. Most cases settle in about a year, but litigation can take longer. Insurance disputes or severe injuries can prolong the process.
Slip and Fall Accidents
Slip and fall cases are more complicated because liability is usually contested. These types of cases can take one year, two years, or three years, depending on the level of evidence and whether or not they want to settle.
Medical Malpractice
One reason medical malpractice cases are some of the longest in the court system is that they require experts and extensive evidence evaluation. These cases can take anywhere from two to five years or longer to resolve.
Product Liability
Product liability cases in which a defective product causes an injury are notoriously complex. They require extensive railroading and competitive analysis and can take anywhere from one to three years, depending on the complexity.
Wrongful Death
Wrongful death cases usually last one to four years to resolve due to the need to prove negligence while addressing emotional and financial issues for the family as well.
Although each case has its own timeline based on the specific circumstances, when you team up with an attorney who knows what they are doing, the process tends to go smoother and result in a better outcome.
Speak with a personal injury lawyer today
If you’re ready to take the next step, we’re here to help. Call our experienced team at Varcadipane & Pinnisi, P.C., for guidance through the personal injury process. Call (201) 588-1500 or consult online for a free consultation.
Dawn M. Pinnisi
Dawn M. Pinnisi is a distinguished attorney with a track record of excellence in advocating for victims of injury and negligence. Dawn is a Founding Partner of the Firm, and a member of the Multi-Million Dollar Advocates Forum. Dawn has been recognized as a Super Lawyer, and has received awards from the National Trial Lawyers and Best of the Bar.
University: J.D. Brooklyn Law School
Bar Number: 33771999
Locations: New Jersey and New York.
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