This article was cowritten by Kevin Rowe, Senior Paralegal and Emily T. Acosta, Senior Counsel.
Denver, Colo. - October 10, 2024 - Waiting years for your case to be resolved can be frustrating. Many mass tort and personal injury cases are time-consuming and can last years. When you've already been waiting to seek justice, it can be difficult to deal with the delay.
Why Do Lawsuits Take So Long?
The length of a case depends on several factors, including how complicated the legal issues are, the schedule of the court overseeing the case, and negotiations with the defendant's lawyers.
What Is Civil Litigation?
In a civil case, the plaintiffs claim that the defendant's actions harmed them financially, physically, or in other ways. They usually ask for money to compensate for their injuries or damages. Civil lawsuits include mass torts and personal injury cases. Civil cases can't send the defendant to jail and have a lower burden of proof than criminal cases. Instead of proving the crime beyond a reasonable doubt, the plaintiff must show that it is more likely than not that the defendant is at fault.
Elements of a Lawsuit
A lawsuit begins when a plaintiff files a complaint claiming harm done by the defendant. The plaintiff might ask for:
- Damages: Monetary compensation
- An injunction: An order for the defendant to stop or start doing something
- A declaratory judgment: A legal statement of the plaintiff's rights
The final judgment is made by a judge or jury and may result in legal consequences. At any point in the process, the parties can choose to settle the dispute. Settlements are faster, save money, and give both parties more control over the outcome. Over 90% of legal cases end in settlement.
Stages of Litigation
Before Filing a Suit
Both sides gather preliminary information and may try to negotiate a resolution. Plaintiffs' attorneys might request medical records to validate the claim. This phase is flexible and can take several months.
Filing a Complaint
The plaintiff files a complaint, and the defendant responds. The complaint describes the damages or injuries, explains the defendant's responsibility, and asks the court to resolve the issue. The defendant's response can be an “answer” to the complaint or a “motion to dismiss,” arguing that the specified law wasn't violated or the complaint has other problems. This process usually takes a few months.
Discovery and Pretrial Process
During discovery, both sides gather and exchange information to learn about the strengths and weaknesses of the case. This stage involves settlement discussions and can take a long time, especially in complex cases.
Your Day in Court
If the case goes to trial, the evidence will be presented, and witnesses will be examined. In a jury trial, the jury determines whether the defendant is responsible and how much they should pay. In a bench trial, the judge makes all decisions.
After the Trial
After the trial, parties can file post-trial motions, and the settlement, if any, will be distributed. Both sides may have the option to appeal the case to a higher court.
Other Factors That Can Delay Trials
Some delays are part of the process, while others are due to efforts by one party to slow down the lawsuit to avoid paying. One example is the "Texas Two-Step," where a company facing litigation shifts its legal liability to a subsidiary and then declares bankruptcy for that subsidiary. This automatically pauses all lawsuits against the parent company, dragging the process out by several years.
Why Do Mass Torts Take So Long?
In mass tort cases, every plaintiff's individual story, injuries, and medical history must be investigated. Lawyers also must investigate the company to understand whether it understood the risks of the product, what employees did in response, and whether the risk was avoidable. This process usually takes years since lawyers must first review usually tens of millions of documents then question under oath company employees and representatives. Lawyers also need to meet with and hire experts in various fields to help explain to a jury—who likely won't be scientists or experts—how the company's conduct caused harm to individual plaintiffs. This process of discovering the facts of a case (so-called “discovery”) is the most time-consuming part of any litigation, including mass tort litigation. The size of a mass tort can also impact its timeline, as each case and each company needs to be fully investigated.
Contact Wagstaff Law Firm
Whether your lawsuit takes several months or several years, Wagstaff Law Firm's lawyers and staff will be with you every step of the way. If you've been seriously injured, we are here to help. Reach out to Wagstaff Law Firm at 303-376-6360 for a confidential and free consultation.
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