One of the most common questions clients have is “how long is all of this going to take?” It is an understandable question but one that can be difficult to answer. On average, we’ve found that cases take between 12 to 18 months from the date of filing to resolve completely. We’ve put together a broad timeline of events for the standard case. It is important to remember, however, that these are just estimates. The more complex your case is, the more complicated, and therefore lengthier, the below tasks become. But the above represents a good, average timeline for events. If we feel that your case will deviate from the below timeline, we will communicate that to you and explain why your case either won’t take as long or will take a little longer to resolve.

Initial Meeting
Every case begins with a detailed client meeting. In this meeting we learn about the facts that brought the client to see us. We exhaust the client’s knowledge of the incident and the product or procedure involved. In this initial meeting, we also begin to understand the depth of the client’s loss and lay the groundwork for gaining a more detailed understanding of the legal damages.

First 30 days
Within the first month of the initial client meeting, we conduct an aggressive pre-suit investigation. We interview all key fact witnesses, and when appropriate take sworn statements. Many times, we hire liability and damage experts to help in the evaluation and analysis of the case.

30-45 days
We are generally ready to file the lawsuit within 45 days, if not sooner. By that time we have key witness positions solidified, experts hired and the case 90% ready to try. Now we’re ready to prepare the lawsuit and detailed written discovery questions.

45-180 days
An early and aggressive discovery plan involves filling in the gaps we could not close during pre-suit discovery. By relentlessly pursuing damaging documents and testimony at the onset, we are better able to resolve the case early on by settlement or trial. This allows our clients to put closure to a devastating portion of their lives, while also providing financial support as quickly as possible. Generally, the defendants have 60 days from the time we file the lawsuit to answer written questions and provide documents. The following few months are consumed with taking depositions (sworn statements) from witnesses and the opposing parties.

180-240 days
Our experienced lawyers will develop themes that will be woven throughout the trial presentation. Different ways to present the key evidence will be explored. Just as important, we will consider how to best address and explain the weaknesses in our cases. During this time we will also explore settlement options with the opposing party.

Final Trial Preparation & Trial
The weeks before trial involve the final decisions regarding the order and presentation of evidence. We also spend significant time and energy determining a juror profile. In developing this profile, we look for common backgrounds and characteristics of jurors that will be favorable and unfavorable to our case. We will also finalize the order and presentation plan for all of the evidence. This methodical approach allows for a seamless, persuasive presentation of evidence at the trial. On average, trials last two weeks. Exactly when a case gets tried depends on the judge and the court. For most cases, the trial will occur by 12 months to 18 months after the lawsuit is filed.

Deposition
Depositions are formal interviews taken by lawyers of witnesses and parties. These question-and-answer interviews are conducted under oath and are many times videotaped. The depositions may be used in front of the jury.

Mediation
Mediation is a structured settlement discussion. Mediation is court ordered in almost all civil cases. In mediation, a third-party lawyer who is unfamiliar with the case and neutral as to sides conducts the mediation process. During the mediation, lawyers for both sides will make general opening statements. The rest of the mediation day will be spent in separate rooms, with the mediator taking offers and demands between the parties. Mediation is a useful process, and many cases are settled during mediation.

Petition or Complaint
A petition is filed in State Court. A complaint is filed in Federal Court. Both of these documents are what is traditionally thought of as the “lawsuit.” The petition or complaint is filed to initiate the lawsuit and make initial allegations against the defendant. As evidence develops, the document is changed to match the evidence in the case.

Trial Setting
This is the day that the Court chooses to set your case for trial. Unfortunately, your case is not the only case which will be set on a specific day. Generally, the Court will set ten to fifteen cases for trial on the same day. The Court will then take the oldest case first. Many times you will not get “reached” at the initial trial setting, and the Court will then reset your case for a new trial date. This is a standard procedure, but unfortunately it requires the litigants to be prepared for trial on several different occasions.

Written Discovery
Legal rules allow the sides to exchange “written discovery.” This is generally in the form of interrogatories, requests for production, and requests for admissions. Interrogatories are simply written questions that the opposite side must answer under oath. Requests for production require the other side to produce documents and things, such as vehicles or other evidence involved in the case. Requests for admissions require the opposite side to admit or deny certain facts so that issues may be narrowed for trial.