How Long Does A Car Accident Lawsuit Take In Michigan?

In Michigan, a car accident lawsuit can take anywhere from several months to a few years, depending on the facts of the case. More serious injuries, complicated liability issues, or an insurance company that refuses to offer a fair settlement and pushes the case to trial can all extend the timeline. There are several key dates during the legal process that may result in an earlier settlement, such as 30 days after case evaluation or at a facilitation.
Some cases also settle before a legal action is even filed, with a lawyer sending a settlement demand package and negotiating the claim directly with the insurance adjuster.
Although the specific facts of each individual auto crash claim will influence how long a case may take, there are three factors in every case that can significantly affect how quickly or slowly it resolves: (1) your attorney, particularly their reputation and track record; (2) the at-fault driver’s insurance company; and (3) the adjuster and/or defense attorney.
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One of the most important factors in your car accident lawsuit will be whether you have an experienced Michigan lawyer with a track record of trial success and a reputation for trying cases, as paradoxically this can result in a case settling faster and for more money.
The remaining two factors will be the at-fault driver’s auto insurance company, and specifically the claims adjuster and defense lawyer assigned to the case. Many insurers today incentivize delaying and denying claims and defending these cases aggressively. Every insurance company goes through periods where cases are easier to settle and periods where they become more aggressive on defending and deliberately delaying cases. The biggest reason for this is that many insurance companies no longer make most of their money through the business of selling insurance. Rather, many insurers today are actually financial companies, and they make money through financial speculation and investments.
Your choice of lawyer can affect the duration of your case
Your choice of lawyer can affect how long your Michigan car accident lawsuit will take and how much you ultimately settle for. Research shows that experienced lawyers with a proven track record of winning at trial and a reputation for being ready to go to trial can settle cases faster and for significantly more money.
The track record and reputation of the lawyer you choose to represent you and your family play critical roles in determining how long your auto crash case will take and how much you may be able to recover in compensation and economic damages.
Insurance companies keep tabs on the lawyers so they know which lawyers will actually go to trial and which lawyers have not tried a case in years and will be willing to “settle cases short” (hint: this is the vast majority of plaintiff personal injury lawyers out there). Insurance companies and defense lawyers know that dragging out the lawsuit process is the best way to force these personal injury lawyers to settle short and to pressure their clients to accept an insurance company’s low-ball settlement offer.
Insurance industry research indicates that an experienced attorney with a track record of success and a reputation for trying cases can increase a settlement amount by up to 4x more than an attorney without that experience, track record of success and reputation.
To learn more about what your compensation may be if you were hit by a drunk driver, please check our “Settlement Calculator.”
Factors that affect how long a car accident lawsuit takes in Michigan
In Michigan, when pursuing a car accident lawsuit in Michigan, it’s important to understand that there is no set timeline for how long the process will take. Each case is unique, and a variety of circumstances can either shorten or prolong the amount of time it takes to reach a resolution. Several factors can influence the overall duration of your case, including:
Severity of injuries
The severity of injuries is one of the biggest factors that affects how long a car accident lawsuit can take in Michigan. Cases that involve serious or catastrophic injuries usually require extended medical treatment and ongoing evaluation to fully understand the long-term effects. Until doctors are able to determine whether the victim will fully recover, suffer permanent impairment, or need future medical care, it’s difficult for attorneys and insurance companies to accurately assess the true value of the claim.
In addition, severe injury cases often involve expert witnesses and more detailed documentation, which adds additional time to the process. Medical records must be reviewed, future treatment plans must be projected, and sometimes life care planners are needed to calculate long-term expenses. All of this means that the more serious the injury, the longer it may take for a car accident lawsuit in Michigan to reach a fair settlement or go to trial.
Disputes over liability
A Michigan car accident lawsuit can take much longer to resolve when there are disputes over who caused the crash. When liability is questioned, both sides must gather and examine evidence such as witness statements, police reports, photos, and expert opinions, which adds time to the process and delays any potential resolution.
If the at-fault driver or their insurer refuses to accept responsibility, additional investigations, depositions, and even accident reconstruction may be required. This back-and-forth can significantly extend the timeline of the case, especially if the dispute ultimately needs to be resolved in court rather than through settlement negotiations.
Insurance company unwilling to cooperate
A Michigan car accident lawsuit can take much longer to resolve when the insurance company is unwilling to cooperate or refuses to offer a fair settlement. Insurers may delay responding to demands, contest damages, or make low-ball offers, all of which slow down negotiations and force the case to continue.
When an insurance company drags its feet, your attorney may have no choice but to file a lawsuit and move the case into litigation. This adds additional steps such as discovery, depositions, and court hearings, which naturally increase the amount of time it takes to reach a resolution.
Litigation vs settling out of court
A Michigan car accident lawsuit can take significantly longer to resolve if it moves into litigation rather than settling out of court. Once a lawsuit is filed, the case must follow formal court procedures and timelines, which include discovery, motions, and pre-trial conferences that naturally extend the overall timeline.
In contrast, cases that settle before a lawsuit is filed typically move much faster because both sides are able to negotiate directly and avoid lengthy court schedules. Litigation involves multiple parties, court availability, and strict deadlines, all of which make the process more time-consuming.
Court schedules and backlog
A Michigan car accident lawsuit can take longer to resolve when the court system is dealing with a full docket or experiencing a backlog of cases. Even after both sides are ready to move forward, the availability of judges and courtroom time can delay hearings, motion dates, and ultimately the trial itself.
When the court calendar is crowded, scheduling becomes more difficult and continuances are more likely, pushing the case further down the line. This means that even straightforward cases may take additional months simply because the court does not have immediate availability to handle the next step in the process.
Complexity of the case
The complexity of the case can have a major impact on how long a car accident lawsuit can take in Michigan. Claims that involve multiple vehicles, commercial trucks, government entities, or questions about defective auto parts often require more investigation, more evidence, and more expert analysis than a typical two-vehicle crash.
In more complex cases, attorneys may need to bring in accident reconstruction specialists, engineers, or medical experts to fully understand what happened and who is legally responsible. Coordinating all of these moving parts can add months to the process, especially if several defendants are involved and each has their own attorneys, insurance carriers, and legal strategies.
Attorney’s track record and reputation
A Michigan car accident lawsuit can take longer or shorter depending on your lawyer’s track record and reputation. Experienced attorneys with a strong history of successful cases often know how to handle negotiations, avoid common pitfalls, and move the case efficiently through the legal process.
Lawyers with a solid reputation may also find that insurance companies are more willing to negotiate fairly and promptly, reducing the need for extended litigation. Conversely, less experienced attorneys may face delays in gathering evidence, filing motions, or addressing procedural challenges, which can prolong the timeline of your case.
Judge assigned to your case
A Michigan car accident lawsuit can take longer or shorter depending on the judge assigned to the case. Some judges move cases through the court system quickly, while others may have heavier dockets or a more deliberate approach to hearings and motions, which can affect the overall timeline.
The judge’s scheduling practices, availability, and approach to pre-trial procedures can all influence how quickly your case progresses. Even if both parties are ready to proceed, a judge managing many cases or granting multiple continuances can extend the time it takes to reach a resolution, making court timelines an important factor in your claim.
Significant events that affect how long a car accident lawsuit takes in Michigan
The significant events that affect how long a car accident lawsuit in Michigan takes before settling include: (1) filing the complaint to start the lawsuit; (2) the discovery process; (3) case evaluation; (4) facilitation; (5) a possible settlement; or (6) trial if a settlement agreement cannot be reached.
Here is more detail about each of these events:
- A lawsuit is started with the lawyer you hire filing a pleading called a complaint. This must be drafted, filed with the proper court and served on the at-fault driver and on any of the pertinent insurance companies.
- The legal discovery process follows. During discovery, the crash victim is able to ask for information from the at-fault driver, from his or her insurance company, from medical experts, witnesses and crash reconstruction experts. The insurance company is also able to do the same. The purpose of “discovery” is to discover the facts that you need to prove your case and to discover the facts that the at-fault driver will likely depend on to try to escape being held accountable for having injured you and/or your family.
- After discovery has been completed, a case evaluation is held. This is an informal, non-binding process in Michigan where a panel of three lawyers (consisting of a plaintiff’s lawyer, a defense lawyer and a “neutral” lawyer, typically a retired judge or a lawyer who has practiced both plaintiff and defense) hear arguments and evidence from the victim’s and the at-fault driver’s attorneys, evaluate the Michigan car accident lawsuit in question and offer their assessment of how much money the case should settle for. Neither the crash victim nor the insurance company is required to accept the case evaluation amount.
- If case evaluation does not result in a settlement of the case, the judge may work with the parties to encourage them to attempt to reach a settlement through an alternative dispute resolution process called a facilitation, which is often referred to as a mediation in other states.
- The last resort for cases that do not settle is trial. Cases are tried either to a jury or to a judge.
How long do car accident lawsuit settlement negotiations take in Michigan?
In Michigan, car accident lawsuit settlement negotiations can vary widely depending on the complexity of the case and the willingness of the insurance company to negotiate. These can take a few weeks to several months, even in straightforward cases with minor injuries, as both sides work to review evidence and reach a fair agreement.
For more serious injuries, disputed liability, or complex claims involving multiple parties, settlement talks can last several months or even over a year. Factors such as gathering medical records, evaluating long-term damages, and exchanging settlement offers all affect the timeline. If negotiations fail, the case may proceed to litigation, which can add significantly more time.
How long does it take to file a car accident lawsuit in Michigan?
In Michigan, while filing a car accident lawsuit itself is typically completed within days or weeks once your attorney has prepared the necessary paperwork, the full process—including discovery, motions, negotiations, and possibly a trial—can extend the timeline significantly. A claim can generally take 9–18 months or longer to resolve if a settlement cannot be reached.
How long does a car accident lawsuit take in Michigan if the case goes to trial and is appealed?
A Michigan car accident lawsuit can take significantly longer if the case goes to trial and is then appealed. While many lawsuits settle before reaching trial, cases that proceed to court can take 1–2 years or more just to reach a verdict, depending on court schedules, case complexity, and the judge’s docket.
If either party appeals the trial decision, the timeline can extend by an additional year or longer. Appeals require preparing and filing briefs, possible oral arguments, and a decision from the appellate court, all of which add months or years before the case is finally resolved. In complex cases, the total process—from filing to final appellate decision—can sometimes take several years.
Consult your attorney to get a better estimate on how long your car accident lawsuit will take in Michigan
Every car accident case in Michigan is unique, and the timeline can vary widely based on factors like injury severity, liability disputes, insurance cooperation, and whether the case goes to trial. Because of this, it’s important to consult with your attorney to get a more personalized estimate of how long your Michigan car accident lawsuit may take. An experienced attorney can review the specific details of your case and provide guidance on likely timelines for settlement or litigation.
Your lawyer can also explain how potential complications—such as complex medical issues, multiple parties, or court backlogs—might affect the process. By discussing your case with an attorney early, you can set realistic expectations, plan for the steps ahead, and understand how long it may take to achieve a fair resolution.
Were you injured in an automobile crash? Call the attorneys at Michigan Auto Law
If you were injured in a crash in Michigan and have questions about your car accident lawsuit and how long they can take, call now (800) 968-1001 for a free consultation with one of our experienced car accident lawyers. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.
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