Understanding Personal Injury Trial Delays


When taking a personal injury case to court, there are several delays that can occur in the legal process. Here are some common delays to expect.

Discovery: Discovery is the process where both parties exchange evidence and information related to the case. This process can be time-consuming, especially if there is a large amount of evidence to review.

Pre-trial motions: Either party can file pre-trial motions that can delay the case. Several pretrial motions can be filed in a personal injury case and can have significant implications for the case. 

  • A motion to dismiss is a request by one party to end the case before it goes to trial. This can happen for a variety of reasons, such as a lack of evidence or jurisdictional issues. If the motion is granted, the case will be dismissed, and the plaintiff will not be able to recover damages.
  • A motion for summary judgment is a request by one party to end the case because there are no disputed issues of fact that would require a trial. This means that the party making the motion believes they are entitled to judgment as a matter of law. If the motion is granted, the case will be resolved without going to trial.
  • A motion to exclude evidence is a request by one party to prevent the other party from using certain evidence at trial. This can be done if the evidence is irrelevant, hearsay, or was obtained illegally. If the motion is granted, the other party will not be able to use that evidence to support their case.
  • A motion to compel discovery is a request by one party to force the other party to provide certain evidence or information. If the motion is granted, the other party will be required to provide the requested evidence or face sanctions.
  • A motion to change venue is a request to move the trial to a different location. This can be done if there are concerns about the impartiality of the local court or if the case would be better served in a different jurisdiction.

Scheduling conflicts: Court dates may need to be rescheduled due to scheduling conflicts with the judge, attorneys, or witnesses.

Court backlogs: Courts may have a backlog of cases, which can cause delays in getting a court date.

The length of time a personal injury case takes to go to court can vary greatly depending on the complexity of the case, the number of parties involved, and other factors. Consult with a qualified personal injury attorney to get a better understanding of what to expect in your specific case.

Contact a local car accident law firm to learn more


26 April 2023

Your Questions Answered About Accident and Personal Injury Attorneys

When a person is involved in an accident that's caused by someone else, they may need to speak with an accident and personal injury attorney. Mounting costs of medical care and time off from work can cause money problems for people who are injured. Those who hire an attorney can often receive monetary compensation from the responsible party. We aren't involved in the legal profession, but we do understand the stress that injuries and medical bills can cause. We've researched legal information and written this blog to help those who are in this situation. We hope the articles on our site will answer the questions you have about accident and personal injury attorneys.