How Long Does It Take for a Case to Go to Trial?
Accidents happen when you least expect them, and unfortunately many people are often seriously injured in the process. Whether you’re involved in a car accident, a motorcycle crash, or an on-the-job injury, you may be entitled to compensation for lost wages, medical expenses, and the pain and suffering you endured as the result of an accident.
While most personal injury lawsuits settle before trial, The Law Dictionary reports that about 4%–5% of all personal injury cases in the United States actually go to trial. If your case is one of them, it’s important to know what the process looks like, especially in Nassau and Suffolk County, where trials follow a bifurcated system with two distinct phases.
Before Trial: The Preliminary Conference
In Nassau and Suffolk County, a personal injury action begins with an initial conference with the court called a Preliminary Conference. At this stage, the court sets a timetable for the case. Missing documents are ordered to be exchanged, and deposition dates are scheduled for both you and the people (or companies) you’re filing suit against. Additionally, dates are set for any necessary physical examinations, allowing the defense’s doctors to evaluate your injuries.
This structured timetable ensures that both sides know exactly what evidence and testimony the other has. By putting all the “cards on the table,” the process often encourages settlement because each side can properly assess their risks and decide whether to settle and for how much. This is one of the main reasons why most cases never make it to trial.
Phase One: The Liability Phase
If a case proceeds to trial, the first part focuses exclusively on liability (how and why the accident happened) and who is at fault. During the liability phase;
- Both attorneys give opening statements to set the stage for the jury.
- Evidence such as police reports, photographs, and testimony from witnesses, the plaintiff, defendant, or investigating officers is presented.
- The jury then completes a questionnaire to determine negligence and the percentage of fault assigned to both parties.
It’s important to note that injuries and damages are not discussed in this phase so the jury can evaluate fault without being influenced by emotion.
Phase Two: The Damages Phase
Once liability has been determined, the trial moves to the damages phase. This part focuses on the actual injuries and losses suffered by the plaintiff. During this phase;
- The plaintiff’s attorney presents evidence of medical expenses, lost wages, pain and suffering, and long-term impacts on the plaintiff’s life.
- Testimony often comes from doctors, vocational experts, economists, and life care planners.
- The jury assigns values to categories such as past and future pain and suffering, medical costs, and loss of income.
The total damages awarded are then reduced by any percentage of liability previously assigned to the plaintiff in Phase One. The result is the final verdict.
The Bottom Line
Personal injury cases are complex, and the time it takes to reach trial varies based on many factors including the schedule set at the Preliminary Conference, the cooperation of both parties in exchanging information, and the court’s docket. While the majority of cases settle before trial, those that proceed are carefully structured to ensure fairness in evaluating both liability and damages.
Navigating this process can feel overwhelming, but you don’t have to do it alone. Mark T Freeley, the North Shore Injury Lawyer, has 35 years of experience handling personal injury cases in Nassau & Suffolk County. As one of the most trusted personal injury lawyers on Long Island, he has helped countless clients achieve justice and fair compensation. If you’re in Nassau or Suffolk County and need an attorney who will stand by your side, call Mark today at 631-495-9435.