What phase of a lawsuit is usually the longest?
Asked by: Samson O'Connell | Last update: June 19, 2025Score: 4.6/5 (73 votes)
Discovery: Discovery is usually the longest part of the case. It begins soon after a lawsuit is filed and often does not stop until shortly before trial. During discovery, the parties ask each other and third parties for information about the facts and issues of the case.
What is the longest part of a lawsuit?
Discovery is usually the longest part of any lawsuit, and also the most expensive. In business disputes, the process of gathering, reviewing, and exchanging documents, including all relevant electronic data and e-mail, can be particularly costly and time consuming.
At what stage do most cases settle?
Roy Comer: Statistically we know that 98 per cent of civil cases settle before trial. There are multiple reasons why this happens. In my opinion, the primary reason for pre-trial settlement is the plaintiff does not want to go through the gantlet of having a judge and jury scrutinize them. There is some wisdom in this.
What's the longest a lawsuit can take?
The timeline could range from a few months to over a year. In certain cases, a lawsuit could even last multiple years. The complexity of the case and the willingness of the parties to settle could have a significant impact on the timeline, as well as a multitude of other factors.
How long is the discovery phase in a lawsuit?
In this case, the discovery process may last several months or even longer than a year. Delays can occur because the parties experience conflicts in scheduling depositions that fit into the schedules of attorneys and witnesses. Finding a date suitable for everyone's schedule can take several weeks, if not a few months.
What Is The Discovery Phase Of A Lawsuit? / justice with jed
Do most cases settle after discovery?
However, most personal injury cases settle before trial. Instead, they may offer the settlement well after the trial starts. This typically happens after discovery, but it may even happen after the jury reaches a verdict.
How long should discovery phase last?
The discovery phase can last from a couple of days to a couple of weeks or even months depending on the project complexity and scope of work.
Why is my lawyer taking so long to settle my case?
It's frustrating when a legal case takes a long time to settle, but there are many reasons why your lawyer might need more time. They could be busy collecting evidence, dealing with complicated legal issues, or negotiating with the other side. Sometimes, waiting a bit longer can even result in a better outcome for you.
How much are most personal injury settlements?
The average personal injury settlement amount is approximately $55,056.08, which is based on data from over 5,861 cases that were settled between 2021 and 2024.
When someone sues you how long does it take?
In many cases, the parties are able to negotiate a settlement in the weeks and months after the lawsuit is filed. However, if your case moves towards trial, it could take a year or longer to go to court or otherwise resolve the case.
Is it better to settle or go to trial?
Quicker resolution: Settling a case allows for a faster resolution compared to going through the trial process, which can take months or even years. Emotional closure: Settling a case can provide emotional closure for the injured party, as they can move on from the incident and focus on their recovery.
What is the last possible stage of a lawsuit?
If further settlement negotiations cannot be reached, the final stage of litigation is a trial in court. During the trial, both parties have the opportunity to present and argue their cases before a judge or jury.
What is the shortest time for settlement?
The settlement period starts from the day that the contract has been signed and any conditions attached to the sale have been met. The settlement period is typically 30 to 90 days, but it can be longer or shorter if the seller and the buyer both agree.
What lawsuit pays the most?
The Biggest Lawsuit Ever: The Tobacco Settlement — $206 Billion. The Tobacco Master Settlement Agreement was filed in 1998 against the four largest tobacco companies in the United States and remains the largest lawsuit in history in terms of dollars involved. Defendants included Philip Morris, R. J.
What comes after discovery in a lawsuit?
The Trial
If the case does not settle during the discovery or pre-trial phases, it proceeds to trial. During the trial, both sides present their evidence and arguments to a judge or jury, who then decides the outcome.
Do most lawsuits end in settlement?
Settling Cases
Most civil cases are settled by mutual agreement between the parties. A dispute can be settled even before a suit is filed. Once a suit is filed, it can be settled before the trial begins, during the trial, while the jury is deliberating, or even after a verdict is rendered.
What is considered a good settlement?
In general, if you can get close to judgment value of the case in settlement, then it should be considered a very good settlement. One of the first considerations that attorneys and clients should factor in is the chance of prevailing on the issue of liability.
What is a typical amount of pain and suffering?
According to insurance data, the average payout across the U.S. for a pain and suffering settlement in a personal injury case is approximately $15,000.
What is emotional distress worth?
Once the attorney has argued for emotional distress damages, he or she will then calculate a settlement amount using what's called a “multiplier method.” It works by adding up all the tangible or economic damages, like medical costs and lost wages, and then multiplying that sum by a given number, usually between 1.5 ...
Do lawyers drag out cases to make more money?
Their goal is to drag the case on and pay out as little as possible. This earns more money for the attorney, who gets paid by the hour, and also can help frustrate the plaintiff into making a better settlement for them out of desperation.
What is the longest a settlement can take?
What is the longest a settlement can take? The duration of a personal injury settlement can vary dramatically, with complex cases potentially taking several years to resolve, though there's technically no absolute maximum time limit beyond the statute of limitations.
Why do lawyers often try to negotiate a settlement?
Hence, lawyers tend toward negotiations more since it provides better chances for swift resolutions, timely processes, fair settlement, just compensation, and mutually acceptable outcomes. It also helps that the settlement process is less time-consuming and more effective than legal action.
What is the average length of discovery?
The length of the discovery phase varies depending on the case's complexity, the amount of evidence to be collected, and the level of cooperation between the parties. In personal injury cases, the discovery process can last anywhere from a few months to over a year.
How long does the prosecutor have to turn over discovery?
Generally, the prosecution must provide discovery within a set period after the defense's formal request, often ranging from a few weeks to several months. Evidence should be available to the defense either at the preliminary hearing or after the accused has been indicted by a grand jury.
What are the 3 stages of discovery?
Disclosure is accomplished through a methodical process called "discovery." Discovery takes three basic forms: written discovery, document production, and depositions.