Are you thinking of filing a lawsuit in court? Do you want to sue someone because you were hurt in a car accident or your property was damaged? Do you need to go to court because you feel someone else violated your rights, breached a written contract, or failed to comply with an oral contract?
The simple answer to the question “how long does a lawsuit take when suing someone” is a few months to a few years. There is no set amount of time it will take and each case will be different because no two cases are the same. It also depends on the court’s schedule and the amount of evidence presented.
The legal process can seem daunting and intimidating. Going to court without legal knowledge can lead to the dismissal of the claims. It is crucial that an attorney guides you from the very beginning to make sure that your rights are protected. When filing a lawsuit, you will need to fill out the necessary forms and submit them to the court clerk, who is responsible for processing these legal documents.
Understanding the Legal Process
Before you sue someone in court, many things have to be considered. One is the length of time that a case may drag on. The length of a lawsuit depends on the type of case you will file. Consult a lawyer to learn the type of case to file and what to expect from the legal process.
A civil lawsuit is a legal dispute between individuals or businesses. The parties usually fight over money or seek damages due to personal injury. Civil lawsuits can also include wrongful death.
There is no definite time limit as to how long the case should last. For instance, a car accident lawsuit takes about two years to resolve. Cases filed in small claims court are generally shorter because they simply involve money claims up to $7000. Also, attorneys are not required in a small claims court since the parties represent themselves.
The statute of limitations refers to the time period within which the aggrieved party should bring the case within the court system. If the plaintiff’s complaint is not filed within this time, they can no longer recover from the other party. These time limits, known as limitations periods, vary depending on the nature of the case and the jurisdiction.
The statute of limitations for civil lawsuits spans from 3 to 10 years, depending on the case.
Why Sue in the First Place
Lawsuits are not instant. There is a need to prepare a complaint. The complaint has to be supported by evidence. Even the results are unpredictable. It takes time before a judgment is secured. But why do litigants submit themselves to the court instead of settling among themselves?
A civil case is usually filed because the parties have a disagreement. The parties may be individuals, businesses, or organizations. And they disagree because one party believes that they have been hurt. It may also be that the rights of the other party were violated or the property of one was damaged by the other.
The suing party in a civil case is called the plaintiff. The defendant is the party being sued. The plaintiff usually asks for monetary compensation from the defendant.
Understanding Statute of Limitations
In Michigan, the statute of limitations for civil litigation is three to ten years, depending on the type of claim. For personal injuries, plaintiffs should bring the case to the civil court within three years from the date of injury. The same is true in a property damage lawsuit.
Among the most common personal injury claims covered by the three-year rule include auto accidents, premises liability, dog bites, and wrongful death.
A defamation lawsuit should be filed within one year from the date the libelous statement is made.
You must know the statute of limitations for filing a case. As earlier said, you can’t sue after the allowed time has lapsed. The deadline may be extended in some exceptional situations, but it is not automatic. You first have to prove that your situation is exceptional.
Even if the incident happened years ago, it is crucial to bring it to the court’s attention as soon as possible to avoid dismissal based on the statute of limitations.
Some exceptions provided under the law include:
- The injured person is “legally disabled”: Mich. Comp. Laws § 600.5851 provides that if a legally disabled person is injured, they have one year from the date of the disability being “removed” to file a personal injury lawsuit. Minors and insane persons are considered legally disabled.
- If the person sued is not in Michigan and you are unable to serve the summons: This applies when the defendant flees after you were hurt and was gone for more than two months. The deadline may also be extended if the defendant was outside Michigan while you were injured.
- The personal injury claim is concealed: Sometimes, the defendant’s identity is hidden, or the defendant conceals your claim for personal injury. In cases like these, the law allows the plaintiff to bring the case within the court system two years from the date of discovery of the claim or the identity of the defendant.
What if you want to sue government agencies or a government employee? Special rules have to be followed if you’re suing the government. This means the time limit does not apply to them as with ordinary defendants. If faced with this situation, speak to a personal injury attorney familiar with the Government Tort Liability Act.
Steps Involved in a Personal Injury Lawsuit
A personal injury lawsuit is best handled by an attorney, except if your claim for damages does not exceed $7000.
Find a lawyer whose expertise involves personal injury cases. Your lawyer will help you prepare the complaint to be filed in court. The complaint will contain the nature of grievance and the remedy you are seeking in court.
In personal injury cases, it is common to negotiate with the insurance company for a settlement before proceeding with the lawsuit.
A civil lawsuit begins when the plaintiff files a complaint with the proper court. In Michigan, the district court handles cases if the monetary claim is $25,000 or less. If it is more than $25,000, the circuit court handles the case. The case should be filed in the appropriate court where the incident occurred or the defendant lives, considering the amount of damages sought.
The circumstances surrounding a case usually determine how long a lawsuit will take, but generally, a personal injury lawsuit involves the following steps:
- File complaint, pay the filing fee, and serve notice: When the plaintiff files a complaint, the court will issue a summons together with a copy of the complaint on the defendant. Within 21 days from receipt, the defendant is required to respond.
- Defendant answers: Within the time allowed, the defendant should answer the complaint. If no answer is filed, the court may enter a default judgment.
- Discovery process: This step enables the parties to ask questions to parties and witnesses through interrogatories and depositions.
- Pretrial procedures: At this stage, the parties can settle their differences to avoid trial.
- The trial proper: If there was no settlement in the pretrial, the case trial proceeds either before a judge or jury. After the arguments of the parties in a court hearing, the jury or judge will arrive at a verdict.
- Judgment: The judgment is prepared by the party who won the case. But the court will enter the judgment. Judgment is prepared in the following instances: (1) when there is a settlement (during the pretrial), (2) a verdict is entered (in a full-blown trial), or (3) a default is entered (if the defendant fails to file an answer).
- Post-judgment: The winning party can move for the court to enforce the judgment, or the losing party may appeal a judgment.
How Much Does It Cost to File?
There is no fixed amount as to the expenses involved in civil litigation. The court sets the filing fee. However, aside from the filing fees, other expenses have to be considered. Of course, getting an attorney involves costs, and the fee depends on the case’s complexity. In most personal injury cases, litigants do not pay unless after a successful outcome of the case.
How an Attorney Can Help
If you need help with filing a lawsuit before the state or federal court, the best person to help you is an experienced litigation attorney.
Contact The Clark Law Office to know your legal options. Our legal team is composed of dedicated and hardworking attorneys with more than 30 years of experience in civil litigation. We have won thousands of dollars for our clients—from personal injury claims to medical malpractice lawsuits and auto accident claims.
Call us now for a free consultation. We won’t charge you unless you win your injury case.
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