When you or a loved one is wrongfully injured, the aftermath of the accident can be overwhelming. As you and your family focus on recovery, navigating the legal system can be a complicated and time-consuming process.
Exactly how long does a personal injury lawsuit take? The answer depends on your case, but understanding the typical personal injury lawsuit timeline can help you feel more in control as your case progresses. Here’s what you need to know and how our team at Ginnis, Krathen & Zelnick can help.
Key Stages in the Personal Injury Lawsuit Timeline
When you’ve been injured in an accident, your first priority should be your health. Regardless of the severity of your injuries, seeking medical attention immediately after an accident will give you a clear understanding of the injuries you’ve sustained, the treatment you need, and whether or not you’ll need ongoing care. In addition, it also establishes that the injuries happened as a result of the accident and were not from a prior condition. This is a key step in your personal injury case.
Once your immediate medical needs are addressed, it’s time to start building your claim. This is known as the pre-litigation process. Here’s how it works:
- Investigation – The investigation stage focuses on gathering the facts surrounding your accident. Your attorney will collect evidence such as police reports, photographs, witness statements, and other relevant documents to build a strong foundation for your claim.
During the investigation phase, our team brings in experts as early as possible to help protect and strengthen your case. Acting quickly allows us to capture critical evidence before it disappears, whether it is tire marks that fade over time or CCTV footage that may be routinely erased. Early expert involvement helps preserve key details, build a stronger foundation for your claim, and ultimately maximize the value of your case.
- Evaluation – During the evaluation stage, your attorney will review your medical records, treatment plans and bills, as well as any financial losses you’ve suffered, such as lost wages or property damage. This information helps determine the value of your claim and is shared with the insurance adjuster for review.
- Negotiation – Once the insurance company reviews your documentation, they’ll typically make an initial offer. Your attorney will evaluate this offer to ensure it’s fair and reasonable. If it’s not, they’ll negotiate on your behalf to secure the maximum compensation for your injuries and losses.
- Settlement – When a fair settlement is reached, your attorney will review the terms with you, and with your approval, finalize the agreement. This concludes the pre-litigation process and ensures you receive the compensation you deserve for the harm you’ve experienced.
While filing a lawsuit is an option if the case needs to move forward, many matters are resolved in the stages above. Because every case is unique, we avoid assigning strict timelines. Comparing your case to someone else’s can be misleading, and your attorney will guide you based on the specific facts, injuries and circumstances involved in your situation.
Typical Duration of a Personal Injury Lawsuit
In the event a settlement can not be reached, it may be necessary to take the case to trial. This will greatly impact your personal injury timeline. Unfortunately, the wheels of justice often turn slowly, and cases that go to trial take longer to complete. While a settlement takes about a year or less, cases that go to trial can take longer. What other factors play a role in how long a personal injury lawsuit takes?
Factors that Influence Your Personal Injury Lawsuit Timeline
Every personal injury case is different. Understanding what factors could influence your case will help you prepare and manage expectations throughout the process.
- Severity of your injuries – The seriousness of your injuries plays a major role in your case, particularly in a no-fault state like Florida. As one of a handful of states that follow a no-fault insurance model, each party typically turns to their own insurance company for medical coverage under Personal Injury Protection (PIP). If your injuries are severe, you can step outside the no-fault system and pursue a personal injury claim against the at-fault party. In situations like this, the insurance company may need more time to investigate or request additional records to prove the extent of your suffering.
- Determining liability – Understanding who is liable for the accident can affect your personal injury lawsuit timeline. Florida follows a modified comparative negligence rule, which means you can only recover damages if you are 50% or less at fault for the accident. If you are more than 50% at fault, you cannot recover compensation in a negligence claim. When determining liability, the insurance companies may drag out an investigation in an effort to get you to settle, or have the case thrown out entirely.
- Court delays – Courts often experience delays due to high caseloads, especially in jurisdictions with limited resources. While your case may seem straightforward, there is often very little you or your attorneys can do to speed up the process. However, in Florida, court rules were updated in June 2025 to require personal injury cases to move forward under more defined timelines.
While many of these factors are outside of your control, having the right attorney can make a major difference in keeping your case on track.
Choose an Experienced Attorney to Keep Your Case on Track
Pursuing a personal injury claim can be an incredibly complex process. It helps to have an experienced personal injury attorney on your side. If you’ve been injured in an accident, contact the team at Ginnis, Krathen & Zelnick today to schedule a free consultation.