The Timeline of a Litigated Personal Injury Case
If you’ve been in a car accident and are considering legal action, understanding the timeline of a litigated personal injury case can help you make informed decisions. While many cases are resolved through settlement, others require filing a lawsuit to achieve fair compensation. Here’s a breakdown of the process and what to expect at each stage.
1. Filing the Lawsuit
The first step in a litigated personal injury case is filing the lawsuit. The at-fault driver must be personally served with the lawsuit. This step can sometimes be delayed if the at-fault party is difficult to locate.
Time: ~30 days (can vary)
Running Total: 30 days
2. Answer to the Lawsuit
Once served, the at-fault driver reports the lawsuit to their insurance company. The insurer will assign attorneys to defend the case. Defendants typically have 21 days to file their response, though extensions are common.
Time: ~21 days (extensions may apply)
Running Total: ~51 days
3. Initial Disclosures
Both parties exchange initial disclosures, including witnesses and exhibits. This transparency is required by law and helps build the foundation for the case.
- Plaintiff’s Initial Disclosures: 14 days after the answer is filed.
- Defendant’s Initial Disclosures: 28–42 days after their appearance.
Time: ~65–107 days
Running Total: ~107 days
4. Fact Discovery
Discovery is the most time-intensive phase, during which both sides gather evidence. This can include depositions, interrogatories, and requests for documents. Treating doctors and other witnesses may also be deposed during this time.
Time: ~120–210 days
Running Total: ~227 days
5. Expert Discovery
At this stage, each side lists expert witnesses, such as treating physicians, accident reconstructionists, or economists, to strengthen their case. Expert testimony often plays a critical role in determining case outcomes.
Time: ~42 days
Running Total: ~269 days
6. Mediation or Arbitration
Before proceeding to trial, most cases go through mediation or arbitration. Mediation involves a neutral party facilitating settlement negotiations, while arbitration is a more formal process where an arbiter decides the outcome.
Time: ~30–40 days
Running Total: ~334 days
7. Jury Trial
If mediation or arbitration does not resolve the case, it proceeds to a jury trial. However, court schedules often delay trial dates, with criminal cases typically taking precedence over civil cases.
Time: ~5 months (varies by county)
Running Total: ~484 days
8. Post-Judgment Motions
After the trial, either party may file motions to challenge or modify the court’s decision. These motions can extend the timeline further.
Time: ~45 days
Running Total: ~529 days
9. Appeals
If the jury awards significant compensation, the at-fault party’s insurer may appeal the decision. Appeals can add months to the timeline before final resolution.
Time: ~6–7 months
Running Total: ~559 days
Key Considerations in a Litigated Personal Injury Case
- Time vs. Compensation
Settling before a lawsuit is often faster and less expensive. However, pursuing litigation may result in higher compensation, particularly in cases involving severe injuries. - Mediation and Arbitration
These alternative dispute resolution methods can save time and money while achieving fair results. - Trial Preparedness
If you proceed to trial, ensure your attorney is experienced in personal injury litigation and has access to resources like expert witnesses.
Hire an Experienced Attorney for Your Litigated Personal Injury Case
Navigating the complexities of a litigated personal injury case requires expertise. From initial filing to trial or settlement, experienced attorneys like Jacob S. Gunter guide you through every step to ensure you achieve the best outcome.
Contact Attorney Jacob S. Gunter for a free consultation:
📞 (801) 373-6345
🌐 GunterInjuryLaw.com
Don’t wait—get the legal support you need to secure fair compensation.
Learn More About Utah Accident Lawyer Jake Gunter 
For additional insights on Utah personal injury law and to get to know Jake Gunter better, check out these helpful videos:
- Meet Jake Gunter – Learn more about Jake Gunter’s background, experience, and dedication to helping clients throughout Utah.
- How to Choose a Utah Personal Injury Attorney – This video offers guidance on selecting the right personal injury attorney to ensure you receive effective representation.
- What Jake Gunter Does and Who He Represents – Discover the types of cases Jake Gunter handles and how he advocates for the rights of injured individuals statewide.
These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.