Each construction accident lawsuit is unique, so the timeline of your case will vary depending on a variety of factors. Understanding the various stages of the legal process can provide a clearer picture of the timeline involved, so we’re going to highlight each stage here.
If you’ve been involved in a construction accident and are interested in filing a claim but have questions, don’t wait to contact our Raleigh construction accident lawyers now. We are standing by to give you your free case evaluation, so call now.
Initial Consultation and Case Evaluation
The first step in any construction accident lawsuit is the initial consultation with a personal injury attorney. During this meeting, you will discuss the details of your accident, your injuries, and any potential witnesses or evidence.
The attorney will evaluate the merits of your case and determine if it is viable to pursue legal action. This phase typically takes a few weeks to a month, depending on how quickly you can gather necessary documentation and meet with your legal team.
Factors Affecting the Initial Evaluation
Several factors can influence the duration of the initial consultation and case evaluation:
- Availability of evidence: Gathering evidence such as medical records, accident reports, and witness statements can take time.
- Complexity of the case: More complex cases may require additional time to assess the legal strategy.
- Attorney’s caseload: The attorney’s current workload can impact how quickly they can begin working on your case.
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Filing the Lawsuit
Once your attorney determines that you have a valid claim, the next step is to file the lawsuit. This involves drafting a complaint, which outlines the details of your case, the legal grounds for your claim, and the compensation you are seeking. Filing the complaint with the court officially starts the lawsuit process.
Timeline for Filing
- Preparation of the complaint: Drafting the complaint usually takes a few weeks, depending on the complexity of the case.
- Filing with the court: Once the complaint is prepared, it can be filed with the court within a few days. However, processing times can vary based on the court’s schedule.
Discovery Phase
The discovery phase is one of the most time-consuming parts of a construction accident lawsuit. During discovery, both parties exchange information and gather evidence to build their cases. This phase can last several months to over a year.
Key Components of Discovery
- Interrogatories: These are written questions that each party must answer under oath.
- Depositions: This is oral testimony taken under oath, typically in an attorney’s office, which can be used in court.
- Requests for production: These are requests for documents and other evidence related to the case.
- Quality witnesses: Both sides may consult with experts who can provide knowledge relevant to the case.
Delays in Discovery
Several factors can cause delays during the discovery phase:
- Uncooperative parties: If one party is slow to respond or withholds information, it can prolong the process.
- Volume of evidence: Large volumes of evidence or complex technical details can extend the discovery period.
- Scheduling conflicts: Coordinating depositions and meetings between all parties, especially if expert witnesses are involved, can be challenging.
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Pre-Trial Motions and Settlement Negotiations
After discovery, both parties can file pre-trial motions to resolve any issues before the trial begins. Common pre-trial motions include motions to dismiss the case, motions for summary judgment, and motions to exclude certain evidence.
Settlement Negotiations
Many construction accident lawsuits are resolved through settlement negotiations rather than going to trial. Settlement discussions can occur at any point during the lawsuit, but they often intensify after the discovery phase and before the trial.
- Settlement conferences: Formal meetings where both sides attempt to negotiate a resolution.
- Mediation: A neutral third party helps facilitate negotiations to reach a settlement.
Timeline for Pre-Trial and Settlement
- Motions and hearings: Filing and arguing pre-trial motions can take several weeks to a few months.
- Settlement negotiations: These can vary widely in duration, from a few weeks to several months, depending on the willingness of both parties to negotiate and the complexity of the case.
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Trial
If a settlement cannot be reached, the case proceeds to trial. The trial phase is typically the most time-intensive and can last from several days to several weeks, depending on the complexity of the case and the court’s schedule.
Trial Preparation
- Pre-trial briefs: Both sides submit briefs outlining their arguments and the evidence they plan to present.
- Jury selection: In cases involving a jury, selecting impartial jurors can take a few days.
- Opening statements, witness testimony, and closing arguments: These components of the trial can vary in length based on the number of witnesses and the amount of evidence presented.
Post-Trial Motions and Appeals
After the trial is over, either party can file post-trial motions, such as a motion for a new trial or a motion to alter or amend the judgment. If the losing party believes there were legal errors that affected the outcome, they may file an appeal.
Post-trial motions are typically resolved within a few weeks to a few months. On the other hand, the appeals process can be lengthy, often taking several months to over a year, depending on the court’s schedule and the complexity of the legal issues involved.
Factors Influencing the Overall Timeline
Several overarching factors can impact the overall duration of a construction accident lawsuit:
- Court schedules: Courts often have busy dockets, and scheduling conflicts can delay proceedings.
- Complexity of the case: More complex cases with multiple parties, extensive evidence, or significant legal issues typically take longer to resolve.
- Negotiation willingness: Cases where both parties are open to negotiation and settlement tend to resolve more quickly than those that proceed to trial.
- Quality of legal representation: Experienced attorneys can often navigate the legal process more efficiently, potentially shortening the timeline of your case.
Contact Whitley Law Firm to Speak With an Experienced Construction Accident Lawyer
So, how long will my construction accident lawsuit take? The duration of a construction accident lawsuit can vary significantly based on a variety of factors, including the complexity of the case, the willingness of parties to settle, and the court’s schedule.
Working with an experienced attorney from Whitley Law Firm can also help streamline the process and increase your chances of securing the compensation you deserve. Contact us now for more information.
Call (800)785-5000 or complete a Free Case Evaluation form