Life can be unpredictable, and sometimes disputes escalate to the point where filing a civil lawsuit becomes necessary. Whether you’re dealing with a contract dispute, personal injury claim, or another civil matter, one of the most common questions is, “How long will this take?”
The litigation process can be confusing and stressful—especially when you’re unsure of the timeline. While each case is unique, most civil lawsuits follow general stages. Please keep in mind, though, that these are mere estimates, and the information in this article should not be relied on as advice or anything more than a general guide. Here’s what you should know about the process so you can better understand what to expect.
1. Pre-Filing Stage (Weeks to Months)
Before a lawsuit officially begins, there’s usually a period of investigation and negotiation. This stage focuses on determining whether formal legal action is necessary or if the matter can be resolved outside of court.
It typically starts with a consultation with an attorney, where you’ll discuss your case, legal options, and possible outcomes. If pursuing a lawsuit seems appropriate, your attorney may send a demand letter to the opposing party. This letter outlines your grievances, the compensation you seek, and invites a resolution without court involvement. Negotiations often follow—sometimes leading to a quick settlement. If no agreement is reached, the next step is filing a complaint.
2. Filing the Complaint (Weeks)
If informal efforts fail, your attorney will draft and file a complaint with the appropriate Nassau County, Suffolk County, or New York City court. This document explains the basis of your lawsuit, the facts involved, and the relief you’re seeking.
Once filed, the defendant must be formally notified through a process called service of process. This ensures that they are aware of the legal action and can respond. The defendant typically has 20 to 30 days (depending on how they’re served) to file an answer or potentially a motion to dismiss, which argues that the case should not proceed.
3. Discovery Phase (3 to 9 Months or Longer)
The discovery phase is often the most time-consuming part of a lawsuit, as both sides gather evidence to support their claims and defenses. This process can involve several key steps:
- Interrogatories: Written questions answered under oath.
- Depositions: In-person interviews where parties and witnesses provide sworn testimony.
- Requests for Documents: Both sides exchange relevant records like emails, contracts, or medical reports.
Discovery can be prolonged by disputes over evidence, delays in scheduling depositions, or motions seeking to limit certain information. Complex cases or those requiring expert testimony tend to have longer discovery timelines.
4. Pre-Trial Motions and Settlement Discussions (Months)
Once discovery concludes, both sides may file motions to address specific legal issues before trial. For example, a motion to dismiss could argue that certain claims lack merit, while a motion for summary judgment asks the court to decide the case without a full trial based on the evidence presented.
At this stage, settlement discussions often become more focused. Courts frequently encourage parties to resolve disputes through mediation or settlement conferences to save time and resources. Many cases settle here, avoiding the unpredictability and expense of trial.
5. Trial (A Few Days to Several Weeks)
If no settlement is reached, the case proceeds to trial. During this stage, each side presents their arguments, examines witnesses, and submits evidence.
The length of a trial varies depending on the complexity of the case and the volume of evidence presented. A straightforward contract dispute may conclude in a day or two, while personal injury or business litigation cases can stretch over several weeks. Busy court schedules in Nassau County, Suffolk County, and New York City can also cause delays, sometimes pushing trial dates back unexpectedly.
6. Post-Trial Motions and Appeals (Weeks to Months, or Longer)
Even after a verdict, the process may not be over. Either party can file post-trial motions requesting changes to the judgment or a new trial. If an appeal is filed, it can significantly extend the timeline—sometimes adding months or even years. Appeals focus on legal errors made during the trial rather than re-examining the entire case, but they can still be time-consuming.
Factors That Can Delay a Civil Lawsuit
Several factors may extend the timeline, including:
- Court scheduling delays (common in busy jurisdictions)
- Complex legal issues requiring additional motions or hearings
- Challenges in gathering evidence or scheduling depositions
- The parties’ willingness (or lack thereof) to negotiate a settlement
Having the Right Attorney Matters
Civil litigation can be time-consuming, but having an experienced legal team can streamline the process. At Kohan Law Group, we understand how stressful legal disputes can be. Our goal is to guide you through every stage of your case, keeping you informed while working toward the best possible outcome. We’re committed to advocating for your rights and making the process as smooth as possible.
Contact us today to schedule a consultation and take the first step toward resolving your dispute.