Why does a class action lawsuit take so long?
Asked by: Buddy Balistreri | Last update: January 9, 2026Score: 4.7/5 (58 votes)
Class action lawsuits often take a significant amount of time because they require complicated legal processes. Each part of the lawsuit takes time to complete.
How long does it take for a class action lawsuit to settle?
How Long Does Getting Money from a Class Action Law Suit Take? While class action cases can settle in as little as a few months, they typically last two to three years from start to finish. Once a case concludes, the court must approve all settlements.
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.
What is the longest running class action lawsuit?
Introduction. Myra Clark Gaines' 19th century fight over an enormous inheritance is still the longest-running civil lawsuit in American history, taking over 60 years to finally find some kind of resolution.
What phase of a lawsuit is usually the longest?
Question: Now that the issues of the conflict are defined, is most of the case work done during discovery? Rustin: Discovery is usually the longest part of the case. This is the stage where the parties ask each other for information about the facts and issues of the case.
How long will the class action lawsuit take?
What percentage of lawsuits settle before trial?
Kiser, principal analyst at DecisionSet, states, “The vast majority of cases do settle — from 80 to 92 percent by some estimates.” Other sources even claim that this number is closer to 97 percent. However, not all cases are created equally.
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.
Can you get a lot of money from a class action lawsuit?
Even though these lawsuits sometimes settle for millions of dollars, a plaintiff's payout will depend on several factors, including: How many lead plaintiffs are involved. The number of injured plaintiffs. The total number of class members taking part in the lawsuit.
Who makes the most money in a class action lawsuit?
Lawyers will receive a part of the settlement for their services. The court will ensure that their payment is reasonable. Class action settlements are not distributed equitably. The lead claimants often have the most significant injuries and damages and receive the most money.
Is it hard to win a class action lawsuit?
It can be incredibly difficult to win all the compensation you need to cover your full range of damages, especially in a case where there are thousands or even millions of members of the class.
How often do people settle before court?
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.
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.
What are the chances of winning a personal injury lawsuit?
According to the U.S. Department of Justice, personal injury lawsuit outcome statistics include a majority (90 to 95 percent) settled before trial. Out of the small percentage that end up seeing a courtroom, the data suggests that the success rate of personal injury cases is around half.
How much do lawyers take from a class action settlement?
The courts often determine how much lawyers will get in fees from a successful class action lawsuit. This figure is usually around 25% to 35% of the total settlement amount awarded to the class of plaintiffs. However, the fees can be higher if the case is unusually complex.
Is class action lawsuit serious?
Class-action lawsuits are an important and valuable part of the legal system when they permit the fair and efficient resolution of legitimate claims of numerous parties by allowing the claims to be aggregated into a single action against a defendant that has allegedly caused harm.
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.
Why are class action payouts so low?
Potentially Lower Individual Compensation
Despite their collective strength, class action settlements may result in lower compensation for individual class members. The total settlement or verdict amount is typically divided among all class members, which can result in relatively small individual payouts.
What is the biggest lawsuit payout ever?
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.
How long do class actions typically take?
Some class action lawsuits can take as little as a few months and as long as several years. These kinds of cases can typically take around two or three years to be resolved, while others can take even longer. When court rulings are appealed, the process gets further prolonged.
What happens if I do nothing in a class action lawsuit?
You usually have the right to “opt out” of class actions or proposed settlements in California. The opt-out procedure will be explained in the legal notice sent by the court. By opting out, you retain the right to file an individual lawsuit. If you do nothing, you will be bound by any settlement or verdict.
How to get a million dollar settlement?
Million-dollar personal injury settlements are rare and usually awarded only in cases involving severe injuries and significant damages. Factors common to high-value settlements include the financial, physical, and emotional impacts as well as the at-fault party's ability to pay.
Does a class action lawsuit count as income?
Generally, settlement funds and damages received from a lawsuit are taxable income according to the IRS.
What is the longest part of a lawsuit?
Discovery is the evidence phase of litigation. This is the longest part of the lawsuit. Each party will go back and forth trying to figure out what the other party knows and can prove.
Do most cases settle after discovery?
Do Most Cases Settle After Discovery? Many personal injury lawsuits conclude either during or at the end of the discovery phase. In many cases, the defendants don't want evidence against them revealed in court.
How to file a lawsuit with no money?
Contingency means that your lawyer will agree to take on your case and represent you without requiring any payment upfront, allowing you to file a case with no money. Your lawyer will only receive payment for their services if and when you reach a positive resolution and some form of compensation in your case.