Most people hiring an injury lawyer for the first time have the same underlying question, whatever the specific case type: what does this actually involve, and how long is it going to take. Movies and TV make it look like every case ends in a dramatic trial. In reality, the vast majority of cases resolve before ever reaching a courtroom, through a process that has real, predictable stages. Here’s what that process actually looks like.
Stage 1: Investigation and treatment
Before anything formal happens, your attorney gathers the facts, police reports, witness information, insurance policies, and works to understand the full picture of what happened and how it’s affected you. This stage often overlaps with your medical treatment, since a claim’s value depends heavily on documented injuries and treatment, not just the incident itself.
Stage 2: The demand letter
Once your treatment has progressed enough to understand the injury’s real impact, your attorney sends a demand letter to the responsible party’s insurance company, laying out liability, damages, and a specific settlement demand. This is where negotiation begins, and a meaningful share of cases resolve at this stage without ever needing a lawsuit filed.
Stage 3: Negotiation, or filing suit
If the insurance company’s response doesn’t reflect the case’s real value, negotiation continues, sometimes over weeks or months. If negotiation stalls or the insurer disputes liability significantly, the next step is filing a lawsuit, which starts the formal court process and its own timeline, different for each practice area, covered in our specific guides below.
Stage 4: Discovery
Once a lawsuit is filed, both sides exchange information formally: written questions (interrogatories), requests for documents, and depositions. Discovery is where a case’s real strengths and weaknesses become visible to both sides, and it’s often the longest phase of a filed lawsuit.
Stage 5: Depositions
A deposition is sworn testimony given outside the courtroom, recorded by a court reporter, where attorneys from both sides ask questions. You may be deposed; so may witnesses, treating doctors, and the defendant. Depositions matter enormously because they lock in testimony under oath well before trial, and they often reveal how a case will likely play out.
Stage 6: Settlement talks and mediation
Most cases that don’t settle earlier resolve during or after discovery, once both sides have a much clearer picture of the evidence. Mediation, a structured negotiation session with a neutral third party, is common at this stage and resolves a large share of filed lawsuits without a trial.
Stage 7: Trial, if needed
Only a small percentage of filed injury cases actually reach trial. When they do, it’s typically because liability is genuinely disputed, the insurer’s offer remains unreasonably low despite strong evidence, or the value of the case is high enough that going to trial is worth the time and risk. Trial isn’t a sign that a case is going badly; it’s a sign that a fair settlement couldn’t be reached any other way.
How this looks different by case type
The general framework above applies broadly, but timelines and specific steps vary meaningfully by practice area. Workers’ compensation in Pennsylvania runs through an entirely different system, a Workers’ Compensation Judge rather than a civil court, covered in our guides on how long PA workers’ comp claims take and what happens at a workers’ comp hearing.
Car accident claims follow the general process closely, covered in our guides on how long car accident claims take to settle and whether you have to go to court.
Truck accident cases add real complexity, multiple insurance layers, federal trucking regulations, and specialized evidence, covered in our guides on how long truck accident cases take and what discovery looks like in a truck accident case.
Dog bite cases have their own specific process, covered in our guides on the steps involved in a PA dog bite lawsuit and how long dog bite cases take.
Why understanding the process matters before you hire anyone
Cases move faster and more smoothly when a client knows what to expect at each stage, understanding that a demand letter isn’t a final answer, that discovery takes real time, and that a settlement offer during mediation isn’t necessarily the final number. An attorney who explains the process honestly upfront, rather than promising a quick resolution to win your business, is doing right by you from the first conversation.
Talk to us
Pisanchyn Law Firm has guided Pennsylvania clients through this process for over 20 years, and we don’t charge a fee unless we win. Call 1-800-444-5309 for a free case review.
Frequently Asked Questions
How long does a typical injury case take from start to finish? It varies enormously by case type and complexity, anywhere from a few months for a straightforward claim that settles early, to a year or more for a case that goes through full litigation and trial.
Do most injury cases go to trial? No. The large majority of filed cases settle before trial, often during or after discovery, once both sides have a clear picture of the evidence.
What’s the difference between a demand letter and filing a lawsuit? A demand letter is a pre-lawsuit negotiation tool sent to the insurance company. Filing a lawsuit begins the formal court process, including discovery and, if needed, trial, and generally happens when pre-lawsuit negotiation doesn’t reach a fair resolution.
Will I have to testify if my case goes to court? Possibly, both in a deposition if the case is in litigation, and at trial if it reaches that stage. Your attorney prepares you thoroughly before either.
