How Long Can A Personal Injury Lawsuit Can Take?

The length of the lawsuit depends on how complicated the injury is.

Chronic pain cases generally take five to seven years mainly because these cases, even though most of them are settled, are not settled till after they go on the trial list. The medical evidence is usually complicated and extensive. It takes several years to get a case ready to be set down for trial because we have to gather a great deal of material about the person’s life and their medical history. We start doing that when their treatment is complete. Some people go for treatment for several years. We start to gather this material when their doctors give them a prognosis that their injuries are going to be severe and permanent. We will have to present all medical documents at an examination for discovery, which is a pre-trial hearing under oath. Generally, we go to mediation and if that does not work, then the matter is set down for trial.

There is always a pre-trial conference before a judge, and if that does not work to settle the matter, then it is placed on the trial list. It can take two to three years to get a trial date, starting from the time you set a case down for trial. Of course, less serious cases can be settled much more quickly. Once we know that our client has finished his or her medical treatment, then we can assemble the medical records and if necessary, get an opinion from an independent qualified medical expert about the injuries. We try to resolve the case, if possible, within a year or two, but more serious cases take much longer.

Claims for injuries caused by other events, such as slip and fall accidents or dog attacks, usually take less time to complete than car accident injuries. There is no deductible and no minimum threshold of proof.


If you, or someone you care about, is dealing with Personal injury law issues in the Brampton, Ontario Region, contact Folkes Legal Professional Corporation.

This article is taken from a April 28, 2008 interview with Ron Folkes, LL.B., Personal Injury Lawyer with Brampton Personal Injury Lawyer in Brampton, a Personal Injury Law Firm.

Note that laws vary from province to province. Please consult with a lawyer in your own area to be sure of the laws and specific issues in your own jurisdiction.