Thinking about filing a civil lawsuit but stressed about the timeframe?
There are so many aspects to understand about the legal system. Honestly one of the top reasons people hesitate to seek justice is uncertainty around timelines.
But don’t worry…
Understanding the sexual abuse case process and lawsuit timelines can allow you to mentally and financially prepare for what’s ahead. If you have an idea of what to expect during your legal journey, things become much clearer.
In this article we cover:
- How Long Do Civil Lawsuits Take?
- The 5 Stages of a Civil Lawsuit
- Variables That Affect Your Timeframe
- What’s The Difference Between Settlement vs Trial?
How Long Do Civil Lawsuits Take?
Civil lawsuit timelines can vary greatly depending on the complexity of your case.
On average most civil lawsuits take generally 1-2 years to settle. However if your case goes to trial you’re looking at about three years or more.
According to recent data from the U.S. Courts, civil case median time from filing to disposition was 13.7 months in 2024. That compared to 8.7 months in 2023.
Keep in mind…
Just because these statistics are there does not mean your case will be exactly the same. Things can happen faster. But things can also take a lot longer depending on various factors we will touch on below.
Believe me, waiting is the hardest part. But try not to rush things. You want to ensure you have the best possible outcome which takes time.
The 5 Stages Of A Civil Lawsuit
It’s helpful to know the stages of a civil lawsuit. All civil lawsuits go through the same process. By knowing what to expect you’ll at least know what comes next.
Consultation & Investigation
A lawsuit doesn’t even initially file. Your attorney will first investigate your claim.
During this time they gather evidence, review documents, and see if you have a legitimate legal claim. This process can take a few weeks to a few months depending on your situation.
Filing The Lawsuit
Your attorney knows you have a case and it’s time to file a complaint with the court.
The defendant is then served and typically has 20-30 days to answer the complaint. However they may ask for an extension or file a motion to dismiss.
You should allow a few months for this entire stage alone.
Discovery Stage
Discovery can take the longest amount of time in a lawsuit.
Both parties gather all their evidence and share it with each other. Some of this includes:
- Written questions submitted under oath
- Questioning people under oath in-person
- Requesting additional documents such as medical records, emails, etc.
If your case requires expert witnesses or voluminous amounts of documents, discovery will take longer. You can expect anywhere from six months to a year or more.
Pre-Trial Motions
At the end of discovery, many motions can be filed.
Motions can help narrow down specific issues in a case. For example, a motion for summary judgement asks the judge to rule in one party’s favor without trial. All these proceedings lengthen your time before trial.
Trial/Settlement
The reality is that most lawsuits don’t even go to trial.
Here’s a crazy fact: around 97% of civil cases are settled. In other words, only about 3% of cases go to court. Why? Because trials are expensive for both parties and no one wants to leave the outcome up to chance.
Variables That Affect Your Timeline
Every case is different which is why lawsuit timelines vary.
Here are some of the biggest reasons your case may take longer.
Complexity Of Case
Simple cases with no disputable facts or liability issues tend to move faster.
Cases with multiple defendants or where an institution or large company is involved take longer. These types of defendants have unlimited legal resources they can throw at your case.
Court Backlogs
Just like doctors appointments, the court can have backlogs.
Meaning the court is busy and your case will have to wait. Judge availability, court scheduling, and administrative delays can also slow things down. Basically anything out of your control will likely elongate your timeline.
Negotiation Willingness
Both parties can negotiate a settlement at any time.
If you and the defendant both want to resolve the case, it could be settled quickly. However, if one side is being unreasonable, your case will take longer to resolve.
Difficulty Gathering Evidence
If your case requires your lawyer to jump through hoops to get all the necessary evidence, it will take time.
Any roadblocks in gathering evidence will push back your time.
Settlement vs Trial: What’s The Difference?
It’s good to know the difference between settlement vs trial.
Most cases settle
When you settle, you know you’ll receive compensation and you don’t have to worry about the unpredictability of a jury.
The majority of out-of-court settlements take about 6-18 months after filing your lawsuit. Once a settlement number is agreed upon, cases are typically resolved within a few months.
Benefits of settling:
- Faster
- Costs less in legal fees
- Guaranteed result
- Less stressful
- Maintains your privacy
Trial
Trial gives you the opportunity to receive a higher award but risk getting nothing.
Should your case go to trial you’re looking at your timeline significantly increasing. Trials can last a few days to even weeks. Then you have to consider appeals which can take years.
Jury verdicts are unpredictable which is why both sides shy away from trial when possible.
How You Can Speed Up The Process
You cannot control the court’s schedule or your opposing counsel but you can do a few things to help move things along.
Make sure to stay organized and respond quickly to your attorney’s requests. Be patient with the process but follow up regularly.
You should mentally prepare for a long battle. The longer these things take, the more difficult they can be emotionally.
As long as you trust in your lawyer and the process everything will work itself out.
Wrapping It All Up
There’s no set timeline for civil lawsuits as each case is different.
However, most take anywhere from one to three years with 90% of cases settling prior to trial.
By learning about the sexual abuse case process and stages of civil litigation, you can mentally and financially prepare for the road ahead. It may take time, but getting justice is worth it.
Remember:
- Most civil lawsuits settle within 6-18 months
- Only around 3% of cases actually go to trial
- Discovery phase is usually the longest portion of your lawsuit
- More complex cases take longer to settle/trial
