One of the most common questions new clients ask is:
“How long will my personal injury case take?”
It’s a fair question—most people have never been through this process and don’t know what to expect. The truth is, the timeline of a personal injury case in Colorado depends on many factors, including the severity of injuries, how cooperative the insurance companies are, and whether the case goes to trial.
An experienced Boulder personal injury attorney will take the time to explain the specifics of your case and provide guidance along the way. Below, we’ll break down the key stages of a personal injury lawsuit and the factors that influence how long the process may take.
Stage 1: Pre-Filing Investigation, Medical Treatment & Negotiations
When you first hire a personal injury lawyer, your case begins with an investigation phase. This stage includes:
- Gathering evidence and accident reports
- Interviewing witnesses
- Reviewing medical records
- Consulting with experts (such as accident reconstructionists, trucking safety experts, or engineers)
For serious injury cases, this phase can last a year or more, since it’s often necessary to wait until your medical treatment is complete—or at least well understood—before negotiating a settlement. Insurance companies typically won’t pay fair compensation without knowing the full extent of your injuries, ongoing care needs, and potential long-term effects.
Stage 2: Filing the Lawsuit
If negotiations don’t lead to a settlement, your attorney will file a lawsuit in court. This step involves:
- Drafting the complaint (the legal document that starts the lawsuit)
- Filing it with the court
- Serving the defendant with a summons and complaint
This process usually takes a few days to a few weeks, depending on court scheduling and procedural requirements.
Stage 3: The Discovery Phase
Discovery is often the longest and most intensive part of a personal injury case. Both sides exchange evidence, which may include:
- Medical records and bills
- Accident reports
- Witness statements
- Depositions (sworn testimony from witnesses, experts, or the parties themselves)
- Written interrogatories (formal written questions)
For complex cases, discovery can take several months to more than a year. This stage is critical—it’s where both sides gather the information they’ll use to build their case for settlement or trial.
Stage 4: Mediation & Settlement Negotiations
In Colorado, many courts require mediation before a case goes to trial. Mediation usually happens 2–4 months before trial and involves a neutral third party who helps the parties try to reach a settlement.
- Settlement discussions can happen at any time.
- Negotiations often intensify after discovery, once both sides have a clear picture of the evidence.
- Many personal injury cases resolve during this stage without ever going to trial.
An experienced Boulder car accident lawyer or truck accident attorney can negotiate aggressively on your behalf, ensuring you don’t accept a low-ball offer from the insurance company.
Stage 5: Trial
If settlement isn’t possible, your case will proceed to trial.
- Trials can last anywhere from a few days to several weeks, depending on the complexity of the case and the number of witnesses.
- The trial date is often set well in advance, but scheduling depends heavily on the court’s docket.
While trials can take longer, they may be necessary if the insurance company refuses to pay fair compensation.
Stage 6: Post-Trial Motions & Appeals
Even after trial, the process may not be over. Either party can file post-trial motions or appeal the verdict if they believe legal errors were made. This step can add several months—or even years—to the process.
So, How Long Will My Personal Injury Case Take?
The answer depends on factors such as:
- The severity of your injuries and length of medical treatment
- The willingness of the insurance company to negotiate
- The complexity of the evidence
- Court scheduling
- Whether the case goes to trial or appeal
Some personal injury cases in Colorado resolve within a few months. Others—particularly those involving catastrophic injuries—may take several years.
The most important thing to remember is this: a faster settlement isn’t always a better one. Insurance companies often pressure victims to settle quickly for less than they deserve. A skilled Boulder personal injury attorney will make sure you don’t accept a settlement that fails to cover your medical bills, lost wages, and future needs.
Talk to a Boulder Personal Injury Attorney Today
If you’ve been injured in an accident, you likely have questions—not just about how long your case will take, but also about how much your claim is worth and what to expect next.
At Cook, Bradford & Levy, LLC, our experienced Boulder personal injury lawyers guide clients through every stage of the process, from investigation to trial. We fight to make sure you get the compensation you deserve.
📞 Call us today for a free consultation and let us help you understand your case and your options.