How Long Does it Take to Litigate?

Litigating a case can be a challenging process, as it involves a wide range of rules and procedures that can significantly impact the duration of the litigation process. Factors such as the type of case, the parties involved, the availability of evidence, and the legal issues at hand all contribute to the length of time it takes to litigate a case.

For example, complex civil litigation cases involving multiple parties, extensive discovery, and complex legal arguments can take several years to resolve. On the other hand, simpler cases with fewer parties and straightforward legal issues may be resolved more quickly.

Most importantly, always consult with a reputable law firm like Parnall Law. Our New Mexico personal injury attorneys have extensive litigation experience and never hesitate to initiate a lawsuit when necessary to protect our client’s rights. Contact Parnall Law today to receive the legal support you need for your case, and we can keep the process moving efficiently, even throughout litigation.

What is litigation?

Litigation refers to the process of resolving disputes through the court system. It is a formal process with specific procedures that involve legal action taken by one party against another to enforce a legal right, seek compensation, or obtain a remedy for a particular issue. Litigation can be categorized into various types, including civil litigation, criminal litigation, and administrative litigation.

Civil litigation involves legal disputes between individuals, businesses, or organizations, where one party alleges that the other has caused them harm or violated their legal rights. Common examples of civil litigation cases include personal injury claims, contract disputes, employment disputes, and property disputes. Each case is unique and requires careful consideration and strategic planning to ensure the best possible outcome.

When does a personal injury case require litigation?

In some instances, a personal injury case may require litigation for a fair resolution. This typically occurs when the opposing party refuses to accept responsibility or offers an inadequate settlement amount. Litigation can be a complex and time-consuming process, but it can also be the best route to securing fair compensation for your injuries.

If negotiations with the insurance company reach a stalemate and your personal injury attorney believes that pursuing a lawsuit is in your best interest, they will initiate the litigation process. While it may take longer to reach a resolution through litigation, it provides an opportunity to seek the full justice you deserve.

The decision to pursue litigation will depend on various factors. An experienced attorney will assess the details of your case, weigh the potential benefits and challenges of litigation, and provide you with personalized advice on the best course of action.

What’s the difference between a settlement and litigation?

In civil litigation, parties have the option to resolve their disputes through either a settlement or litigation. A settlement is an agreement reached between the parties involved in the dispute without going to court. It is reached through negotiations, often with the assistance of attorneys or mediators, and usually involves the payment of a sum of money or other remedies to one party by the other party.

On the other hand, litigation involves taking the dispute to court and allowing a judge or jury to make a decision on the matter. Litigation is a formal legal process that follows specific rules and procedures. It requires the parties to present evidence, make legal arguments, and follow the court’s guidelines during the trial. The court will ultimately render a judgment based on the evidence and arguments presented.

While a settlement can be a quicker and less expensive way to resolve a dispute, litigation may be necessary in cases where the parties are unable to reach a mutual agreement or when the issue at hand requires a legal interpretation or determination by the court.

Do all disputes end in trial?

No, not all civil disputes end in trial. In fact, the majority of civil cases are resolved through settlement or other alternative dispute resolution methods, such as arbitration or mediation. These methods aim to provide a less adversarial and more collaborative approach to resolving disputes, while still ensuring fairness and impartiality.

Settlement negotiations allow the parties to discuss their concerns, interests, and potential solutions to the dispute. If both parties are willing to compromise and find a mutually acceptable resolution, a settlement agreement can be reached. Settlements can save time, money, and emotional stress associated with a trial.

Additionally, alternative dispute resolution methods such as arbitration and mediation provide a neutral third party who facilitates discussions between the parties and helps them find common ground. These methods can be less formal and more flexible than litigation, providing an opportunity for the parties to have more control over the outcome of their dispute.

However, in some cases, despite attempts to reach a settlement or alternative resolution, parties may be unable to come to an agreement. In such situations, the case may proceed to trial, where a judge or jury will make a final decision.

How long does it take to litigate?

The duration of the litigation process can vary significantly depending on various factors, including the complexity of the case, the court’s docket and availability, the willingness of the parties to cooperate, and the agility of the attorneys involved. While it is impossible to provide an exact timeframe for every case, you should have a general understanding of the typical progression and timeline of litigation. However, the duration can range from a few months to several years. Trials, in particular, can significantly extend the process.

Typical litigation timeline step-by-step process

File the complaint

The first step in the litigation process is filing a complaint. The plaintiff, the party initiating the lawsuit, prepares a written document that outlines the details of the dispute, the legal claims, and the relief sought from the court. The complaint is then filed with the appropriate court, and the defendant is formally notified of the lawsuit.

Serve the summons on the defendant

After the complaint is filed, it needs to be served on the defendant. This involves delivering a copy of the complaint and a summons, which notifies the defendant of the lawsuit and their right to respond, either by answering the complaint or filing other motions with the court. Proper service ensures that the defendant has notice of the lawsuit and an opportunity to defend themselves.

The defendant answers the complaint

Once served with the complaint, the defendant has a specific timeframe, typically 20-30 days, to respond. The defendant can choose to file an answer to the complaint, admitting or denying the allegations and asserting any affirmative defenses or counterclaims they may have. Failure to respond may result in a default judgment in favor of the plaintiff.

Written discovery and depositions

After the initial pleadings, both parties engage in a process of discovery. Discovery allows each party to gather relevant information, evidence, and witness testimony to support their case. This can involve written interrogatories, where the parties submit written questions to each other, requests for production of documents, and requests for admission.

Depositions, which are interviews conducted under oath, are another critical part of the discovery process. Parties and witnesses can be deposed to provide sworn testimony that can be used during trial.

Discovery can be a time-consuming process, as both parties exchange information and gather evidence to build their case. Depending on the complexity of the case, discovery can take several months or even years to complete.

Settlement conferences, arbitration, or mediation attempts

Once discovery is complete, the parties may engage in settlement conferences, arbitration, or mediation attempts to resolve the dispute without going to trial. These alternative dispute resolution methods allow parties to negotiate and reach a mutually acceptable resolution with the help of a neutral third party. If successful, the case will be resolved, and the litigation process will end.

Schedule a trial date if negotiations fail

If settlement negotiations or alternative dispute resolution attempts fail, the case will proceed to trial. The court will set a trial date, taking into account the availability of the court, attorneys, and any other parties involved. The trial timeline can vary, depending on the complexity of the case and the court’s schedule. Trials can last anywhere from a few days to several weeks or even months.

Trial

During the trial, both parties present their evidence, call witnesses, and make legal arguments to support their case. The judge or jury will evaluate the evidence, listen to witness testimony, and make a decision based on the facts presented and the applicable law.

After the trial, the court will issue a judgment, determining the outcome of the case. If either party is unsatisfied with the judgment, they may have the option to appeal the decision to a higher court, which can further prolong the litigation process.

Contact a New Mexico personal injury lawyer for representation

Litigating a case can be a complex and time-consuming process. It requires a comprehensive understanding of the law, strategic planning, and effective advocacy. If you are involved in a personal injury case in New Mexico, always consult with a reputable personal injury lawyer or attorney who can provide expert guidance and representation.

Parnall Law is a trusted law firm in New Mexico that handles personal injury insurance claims and litigation. With years of experience, our team of skilled attorneys can pursue lawsuits efficiently to ensure the best possible outcome for your case. Contact Parnall Law today at (505) 268-6500 for a free case evaluation today.