When someone suffers an injury due to another’s negligence, one of the first concerns is how long the legal process will take. Personal injury lawsuits can vary widely in duration based on the case, any injuries incurred, whether the involved parties cooperate, and the court’s schedule. While some claims may settle within a few months, others can take a year or more to resolve, especially if the case goes to trial.
If you or a loved one is pursuing a personal injury claim in Arkansas, Gates Law Firm PLLC can guide you through each phase with clarity and confidence. From collecting strong evidence to negotiating with insurance companies and advocating for you in court if needed, our Arkansas major personal injury attorney works to move your case forward efficiently while protecting your rights. Contact us today at (501) 779-8091 to schedule a consultation and learn what qualifies as a personal injury case.
How Long Does a Personal Injury Lawsuit Take?
A personal injury lawsuit typically takes several months to a few years to resolve. The timeline depends on factors such as the complexity of the case, the extent of the injuries, court schedules, and if the case settles or goes to trial. Pre-litigation negotiations may speed up the process, while trials can significantly extend the timeline.
Factors That Influence How Long a Personal Injury Case Takes
The duration of a personal injury case can vary widely based on several critical factors. Learning about these factors can help set realistic expectations about the timeline of your claim.
- Availability and Clarity of Evidence: The strength and clarity of evidence play a pivotal role. If your attorney can gather clear and comprehensive proof of liability quickly, it often speeds up the process. On the other hand, limited or unclear evidence can prolong discussions with insurance companies, as it makes it harder to establish fault definitively.
- Allegations of Partial Fault: If you’re accused of being partly at fault for the incident, this can complicate and extend the resolution process. Arkansas follows a modified comparative negligence rule, which means being partially at fault may reduce or even eliminate the compensation you can receive, adding layers of negotiation to the case.
- Compensation Amount: The larger the compensation, the more likely insurance companies will negotiate aggressively. Insurers aim to minimize payouts, and for substantial claims, they may extend negotiations to try to reduce the settlement amount.
- Insurance Company Practices: The nature of the insurance company involved can influence the case duration. Some insurers are known for being particularly stringent in fighting claims, which can delay the settlement process.
- Promptness of Legal Action: How quickly you engage a lawyer and start the legal process can affect the timeline. Early action allows your lawyer to gather evidence, assess damages, and begin negotiations more promptly, potentially leading to a quicker resolution.
Addressing these factors efficiently with the help of a knowledgeable Arkansas major personal injury lawyer can help streamline your case and improve the likelihood of a favorable outcome.
| Factor | Impact on Case Duration | Details |
|---|---|---|
| Availability and Clarity of Evidence | Can speed up or delay the process | Clear evidence helps establish fault quickly; unclear evidence prolongs negotiations. |
| Allegations of Partial Fault | May extend timeline | Comparative negligence claims require more negotiation and legal evaluation. |
| Compensation Amount | Larger claims take longer | Higher payouts face more resistance from insurers, delaying settlements. |
| Insurance Company Practices | Varies by company | Some insurers are more aggressive or slow in handling claims. |
| Promptness of Legal Action | Early action helps shorten timeline | Quick engagement of legal help allows faster evidence gathering and case filing. |
Why Does the Compensation Amount Affect How Long My Case Might Take?
Higher compensation amounts can make cases take longer because they often require more investigation, stronger evidence, and extended negotiations. Insurance companies and defendants are more likely to dispute larger claims, which can lead to more delays, court involvement, or even a trial.
How to File a Personal Injury Lawsuit in Arkansas?
One of the most common questions we get asked is, “How long will my personal injury lawsuit take?” While the timeline can vary depending on the details of your case, most lawsuits follow a general set of stages. Here’s an overview of what you can typically expect.
Milestone 1 – File the Complaint
The first step is to file the complaint. A complaint is simply a document which lays out the facts of what happened coupled with the law. A typical complaint has two parties – the plaintiff and the defendant. The plaintiff is the party/person who has filed the complaint because of some injury or some error that has happened to them. The defendant is the party/person who caused the injury or error.
The plaintiff’s lawyer will file the complaint with the Circuit Clerk and after filing, the complaint will be assigned to a Judge who will preside over the case.
Most counties in Arkansas allow electronic filing. Here is a picture of the log in screen.
Milestone 2 – Serving the Complaint
After filing the personal injury complaint, the plaintiff and the plaintiff’s lawyer will serve the complaint on the defendant. In Arkansas State Court, the plaintiff has one hundred and twenty (120) days to serve the complaint on the defendant.
Milestone 3 – Responding to the Complaint
Once the defendant has been served the personal injury complaint, the defendant will have up to thirty (30) days to respond to the complaint. The defendant can respond in three different ways. The defendant can (1) answer the complaint; (2) petition the judge to move the complaint to another jurisdiction; or (3) petition the judge to dismiss the complaint.
Milestone 4 – Discovery
After the defendant has responded, typically, the discovery process will begin. This process allows the parties to discover facts and information about the case in order to find admissible evidence.
The parties can engage in discovery in a number of ways. Some of the most common ways are: (1) serving Interrogatories, which are written questions for the other party to answer; (2) serving Requests for Production of Documents, which are written requests asking the party to share documents with the other party; (3) serving Requests for Admissions, which are written statements that the other party will typically have to admit or deny; (4) serving subpoenas; and (5) conducting depositions, which are interviews in typical question/answer format where the person being asked the questions are under oath.
A party typically has thirty (30) days to respond to written questions or requests.
Milestone 5 – Pretrial proceedings
After discovery is completed, the judge will usually hold hearings in case either party has filed motions. Some motions that the judge will likely hear at this milestone include Motions to Dismiss, Motions for Summary Judgment, and Motions in Limine. Motions to Dismiss and Motions for Summary Judgment ask the judge to declare that either part of a case or the entire case should be dismissed. Motions in Limine ask the judge to not admit certain evidence.
Milestone 6 – Trial
After all the milestones have been completed and the judge has not dismissed the plaintiff’s personal injury complaint, a Trial by Jury can finally take place.
While it is true that any personal injury case can resolve at any milestone, Gates Law Firm prepares each client’s case for trial. We have found that this mindset allows us to dot every “i” and cross every “t” so that we are fully prepared to achieve justice for our clients.
You don’t have to face this alone. We’ve got your back. Call Gates Law Firm today at (501) 779-8091 to discuss your legal options.
