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How Long Does a Personal Injury Lawsuit Take? A Step-by-Step Timeline

Auto Accidents , Motorcycle Accidents , Personal Injury , Truck Accidents

If you’ve been injured in an accident, one of the biggest questions on your mind is likely, “How long will my personal injury case take?” The truth is, there’s no definitive timeline, as each case is unique. However, understanding the general process can help set realistic expectations.

At Inkelaar Law, we have years of experience representing clients in Omaha, Lincoln, and across Nebraska in personal injury cases, from car accidents to motorcycle crashes and slip-and-fall injuries. In this guide, we’ll walk you through the step-by-step timeline of a personal injury lawsuit so you know exactly what to expect.

 

Step 1: Initial Consultation & Case Evaluation (1-2 Months)

The first step in any personal injury case is consulting with an attorney. During this stage:

  • You’ll meet with a personal injury lawyer in Omaha or Lincoln to discuss the details of your accident.
  • The attorney will gather evidence, including police reports, medical records, and witness statements.
  • Your lawyer will assess the strength of your claim and determine if you have a valid case.

This phase usually lasts one to two months, depending on how quickly evidence can be collected and reviewed.

Step 2: Medical Treatment & Demand Letter (2-6 Months or Longer)

Your health and recovery are the top priorities. While you receive medical treatment, your attorney will:

  • Track medical bills and treatment progress.
  • Consult with medical experts to determine the extent of your injuries.
  • Draft a demand letter to the insurance company, outlining the damages you’re seeking.

If you have serious injuries that require long-term care, this stage can take longer. Most personal injury lawyers in Omaha and Lincoln recommend waiting until you reach maximum medical improvement (MMI) before negotiating a settlement.

Step 3: Negotiations & Filing a Lawsuit (3-12 Months)

Once the demand letter is sent, the insurance company will either accept, reject, or counteroffer. Negotiations can take several months as attorneys and insurance adjusters try to reach a fair settlement.

  • If the insurance company offers a fair settlement, your case ends here.
  • If the insurance company refuses to pay a fair amount, Inkelaar Law will file a lawsuit on your behalf.

Filing a lawsuit does not mean your case will go to trial, as settlements can still be reached during pre-trial negotiations. However, if the insurance company remains uncooperative, we move to the next phase.

Step 4: Discovery & Pre-Trial Preparation (6-18 Months)

Once a lawsuit is filed, both sides will begin the discovery phase, which includes:

  • Depositions (formal witness testimonies)
  • Requests for medical records and documents
  • Expert witness consultations

This phase can take six months to over a year, depending on the complexity of the case and court schedules.

Step 5: Trial or Settlement (1-3 Years)

Most personal injury cases never go to trial—they settle before reaching the courtroom. However, if the case proceeds to trial:

  • The trial itself can last from a few days to several months.
  • Appeals (if necessary) can add months or even years to the process.
  • Inkelaar Law will present evidence, call witnesses, and fight for maximum compensation on your behalf.

Trials take longer, but they may be necessary to ensure you receive the compensation you deserve.

Factors That Can Affect the Timeline of Your Case

Several factors can impact how long your personal injury case takes:

  • Severity of Injuries – More severe injuries often lead to longer treatment and settlement delays.
  • Liability Disputes – If fault is unclear, investigations can take longer.
  • Insurance Company Tactics – Some insurers intentionally delay payouts to pressure victims into accepting lower settlements.
  • Court Backlogs – If a case goes to trial, court schedules can impact the timeline.

Why Choose Inkelaar Law?

Navigating a personal injury lawsuit can feel overwhelming, but you don’t have to go through it alone. At Inkelaar Law, we’ve helped countless injury victims in Omaha, Lincoln, and across Nebraska recover the compensation they deserve. Our team is ready to fight for you every step of the way.

Get the help you need today. Contact Inkelaar Law for a free consultation and let’s start building your case.

Call Now: 1 (800) 890-2801

Visit Us: Omaha | Lincoln | Nebraska

Click Here to Schedule a Free Case Evaluation

Final Thoughts

Personal injury cases take time, but patience and the right legal representation can make all the difference. Whether you’re dealing with a car accident, motorcycle crash, truck accident, or slip-and-fall injury, Inkelaar Law is here to help.


Disclaimer: The information contained in this article is for general educational purposes only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. For specific legal advice, please consult with an attorney who is qualified to handle your case.

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