How Long Do Litigations Actually Take? (w/Examples) + FAQs

Most civil lawsuits in the United States take about one to three years to resolve, though timelines swing from a few months to well over a decade depending on the type of case, the court, and whether the matter settles or goes to trial. The median federal civil case wraps up in about 6.9 months when it does not reach trial — but that number jumps to 35.6 months for cases that do, according to a 2024 Congressional Research Service report.

Under the Federal Rules of Civil Procedure (FRCP), courts set scheduling orders that control how fast a case moves. Rule 16 requires judges to issue a scheduling order early in the case, but heavy caseloads and pandemic-era backlogs have pushed average court backlogs from 958 to 1,274 cases per judge between 2019 and 2021. That congestion means even straightforward cases can stall for months waiting for a hearing date.

About 95% of personal injury lawsuits settle before trial, according to the U.S. Department of Justice’s Bureau of Justice Statistics. Only 1% of all federal civil cases go to trial today — a steep drop from nearly 20% in the 1960s.

Here is what you will learn in this article:

• ⏱️ How long each phase of a lawsuit takes — from filing through appeal — so you can set realistic expectations
• 📊 Real timelines for different case types, including personal injury, medical malpractice, employment disputes, and class actions
• ⚖️ Famous real-world lawsuits and how many years they consumed
• 🚀 Proven strategies to speed up your case, including mediation and arbitration
• ❌ Common mistakes that drag cases out for years longer than necessary

What Is Litigation and Why Does It Take So Long?

Litigation is the formal process of resolving a legal dispute through the court system. It includes everything from the initial filing of a complaint to discovery, pretrial motions, trial, and potential appeals. Each of these phases has its own built-in timeline, and delays in any single phase can push the entire case back by months or years.

The primary reason litigation takes so long is the discovery phase. During discovery, both sides exchange evidence — documents, emails, financial records — and take depositions of witnesses. Federal courts under FRCP Rule 26 require parties to make initial disclosures within 14 days of their first discovery conference. But the actual process of gathering and reviewing evidence can stretch from three months in a simple case to several years in a complex class action.

Another major factor is court congestion. After the COVID-19 pandemic shut down courtrooms across the country, backlogs surged to historic levels. A study by the National Center for State Courts found that case filings across all types remained below 2019 levels through 2021, while dispositions lagged even further behind — creating a growing wave of pending cases that courts are still working through today.

Willingness to settle also plays a large role. Cases where both sides negotiate in good faith can resolve in months. But when one party has deep pockets and a desire to fight — as often happens in medical malpractice or product liability — the case can drag on for years.

The Six Phases of Litigation and How Long Each Takes

Every lawsuit follows the same general path, regardless of case type. Here is a breakdown of each phase and its typical timeline.

Phase 1: Investigation and Filing (1 to 6 Months)

Before a lawsuit is filed, an attorney investigates the facts, gathers initial evidence, and determines whether a viable claim exists. This phase includes reviewing medical records, consulting experts, collecting documents, and researching the applicable law.

For a straightforward car accident, this phase might take just a few weeks. For a medical malpractice case that requires an expert review and a certificate of merit (required in many states before filing), this phase can take three to six months.

Once the investigation is complete, the attorney drafts and files a complaint — the formal document that starts the lawsuit. The complaint outlines the facts of the case, identifies the legal theories, and states the damages sought.

Phase 2: Pleadings and Service (1 to 3 Months)

After the complaint is filed, the plaintiff must serve the defendant. Service of process — delivering a copy of the complaint to the defendant — typically takes one to three weeks. Once served, the defendant has 21 days to respond in federal court under FRCP Rule 12, or 30 to 35 days in many state courts.

The defendant may file an answer, admitting or denying each allegation in the complaint. Alternatively, the defendant may file a motion to dismiss, arguing that the case fails to state a valid legal claim. If the court grants the motion, the case ends. If it denies the motion, the case moves forward.

This back-and-forth of pleadings — including possible amended complaints and counterclaims — can add one to three months to the timeline.

Phase 3: Discovery (3 Months to 3+ Years)

Discovery is the longest and most expensive phase of litigation. It is the fact-finding engine of the case, where both sides gather the evidence they need to prove their claims or defenses.

Discovery tools include:

• Interrogatories: Written questions that the other side must answer under oath
• Requests for production: Demands for documents, emails, contracts, and other records
• Depositions: Live, under-oath interviews of witnesses, which a court reporter transcribes
• Requests for admission: Requests that the other side admit or deny certain facts
• Subpoenas: Court orders requiring third parties to produce documents or testify

In federal court, a typical discovery period runs three to five months for straightforward cases. Employment discrimination cases in New Jersey, for example, have a discovery period of 15 months set by the court. Complex commercial disputes and class actions can see discovery stretch to one to three years or longer, especially when disputes arise over what evidence must be produced.

Electronic discovery — known as e-discovery — has added both speed and complexity. Reviewing millions of emails, text messages, and digital files requires specialized software and can cost hundreds of thousands of dollars.

Phase 4: Pretrial Motions (2 to 6 Months)

After discovery, both sides often file pretrial motions. The most common is a motion for summary judgment under FRCP Rule 56, where one party argues that the facts are so clear that no trial is needed. The court reviews the evidence, hears arguments, and issues a ruling.

This phase can take two to six months, depending on the judge’s schedule and the complexity of the issues. In busy courts, it can take even longer. A judge in the Southern District of West Virginia — which has the longest average case duration in the federal system at 1,153 days — may take months just to rule on a single motion.

Pretrial motions also include motions in limine, which ask the judge to exclude certain evidence from trial. These motions help shape the trial before it begins but add time to the schedule.

Phase 5: Trial (Days to Weeks)

If the case does not settle or get dismissed on a motion, it goes to trial. Most civil trials last a few days to a few weeks. Medical malpractice trials tend to run one to three weeks. Employment discrimination trials average about a week. Complex commercial cases or class actions can go longer.

Before the trial begins, the court conducts jury selection (in jury trials), hears opening statements, and sets the ground rules. Both sides then present their evidence and witnesses, followed by closing arguments and jury deliberation.

Federal data show that cases resolved through jury verdict took an average of 771 days from filing to conclusion. Court trial dispositions took even longer — an average of 831 days. By contrast, cases resolved by pretrial motion averaged just 444 days.

Phase 6: Post-Trial Motions and Appeals (6 Months to 3+ Years)

A trial verdict is not always the end. The losing party can file post-trial motions asking the judge to change the verdict or order a new trial. If those fail, the party can appeal.

In federal court, a notice of appeal must be filed within 30 days of the judgment under Federal Rule of Appellate Procedure 4. The appellate process involves preparing the record, writing briefs, and sometimes presenting oral arguments. From the filing of the notice of appeal to a final decision, a federal appeal can take one to two and a half years.

If the case reaches the U.S. Supreme Court through a petition for certiorari, add another year or more. State appeals follow a similar path but timelines vary. North Carolina appellate courts average about six months for a decision, while Texas criminal appeals can take two and a half to four or more years.

How Long Litigation Takes by Case Type

Not all lawsuits move at the same speed. The type of case has a major impact on how long litigation lasts.

Personal Injury (6 Months to 2 Years)

Most personal injury cases — car accidents, slip and falls, and similar claims — resolve within six months to two years. Simple claims with clear liability and moderate damages often settle within six to twelve months, sometimes without ever filing a lawsuit.

Factors that extend personal injury timelines include severe injuries requiring ongoing medical treatment, disputed liability, multiple defendants, and high-value claims that prompt insurance companies to fight harder. Half of auto accident injury cases settle within 14 months, while catastrophic injury cases average two to three years.

A car accident case with clear fault and moderate injuries might settle in six months through negotiation with the insurance company. A multi-vehicle pileup with disputed fault and catastrophic injuries could take two years or more.

Medical Malpractice (18 Months to 5 Years)

Medical malpractice cases are among the most complex and longest-running personal injury matters. They require extensive review by medical experts, detailed analysis of hospital procedures, and testimony that connects the healthcare provider’s actions to the patient’s injuries.

Many states require a certificate of merit or expert affidavit before you can even file the lawsuit — a process that can take three to six months. Once filed, discovery is intense. Hospitals and doctors defend these cases aggressively, often hiring teams of defense experts to challenge every claim.

Cases that settle before trial resolve within 12 to 24 months. Cases that go to trial average two to five years. About 17,000 medical malpractice cases are filed each year in the United States, and the average settlement is around $420,000.

Scenario — Sarah’s Medical Malpractice Case: Sarah undergoes knee surgery and discovers months later that a surgical instrument was left inside her leg. Her attorney spends four months gathering medical records and consulting an orthopedic expert. After filing, discovery takes 14 months due to disputes over hospital records. A summary judgment motion is denied after five months. The case settles during mediation 28 months after the original surgery.

Employment Discrimination (1 to 3+ Years)

Before filing an employment discrimination lawsuit, a worker must first file a charge with the Equal Employment Opportunity Commission (EEOC). The EEOC investigates and may attempt conciliation. If the EEOC does not resolve the matter, it issues a “right to sue” letter, and the employee has 90 days to file a lawsuit.

Once in court, employment cases move through the standard phases. Discovery tends to be long — 15 months in New Jersey courts, for example — because it involves combing through personnel files, emails, performance reviews, and witness testimony from coworkers and managers.

Most employment trials last about a week. But post-pandemic court backlogs mean some courts take over a year just to schedule a trial after declaring the case “ready.”

A harassment case with clear evidence — such as text messages and corroborating witness accounts — might settle in six months. An age discrimination case against a large corporation with aggressive legal counsel can stretch to three years or more, involving 20 or more depositions and complex summary judgment briefing.

Breach of Contract (6 Months to 3 Years)

Breach of contract cases cover a wide range — from unpaid invoices to multimillion-dollar business deals gone wrong. The timeline depends on the complexity of the contract, the amount of money at stake, and how many parties are involved.

A straightforward breach involving a clear written agreement and limited damages can settle in six months. A complex commercial dispute with multiple contracts, counterclaims, and large damage calculations can take two to three years or longer.

The statute of limitations for breach of contract varies by state. Written contracts have a four- to six-year window in most states. Oral contracts have a shorter window — typically two to three years.

Scenario — Tom’s Breach of Contract Case: Tom’s business partner fails to deliver $200,000 worth of custom equipment per their written agreement. Tom’s attorney sends a demand letter, which is ignored. After filing suit, discovery reveals that the business partner diverted funds to another project. The case takes 18 months to resolve through pretrial settlement after a failed summary judgment motion.

Class Action Lawsuits (2 to 7+ Years)

Class actions are among the longest types of litigation. They involve large groups of plaintiffs with similar claims against the same defendant. The sheer number of parties, the volume of evidence, and the extra procedural steps make these cases inherently slow.

A major early hurdle is class certification — the court’s decision on whether the case can proceed as a class. This alone can take six months to two years. After certification, discovery in class actions often runs one to three years because of the massive volume of documents and witnesses involved.

Many class actions resolve in two to four years, but complex matters stretch far longer. Even settlement negotiations can take months to years. If a settlement is reached, the court must approve it to ensure it is fair to all class members — another step that adds time.

Scenario — Maria’s Product Defect Class Action: Maria joins a class action against a kitchen appliance manufacturer after her blender exploded and caused burns. The case is filed in 2020 with 5,000 other plaintiffs. Class certification takes 14 months. Discovery stretches two years due to the volume of manufacturing records. Settlement negotiations begin in 2023 but break down. The case goes to trial in 2024 and the jury awards $45 million. The manufacturer appeals. As of 2026, the appeal is still pending — six years after filing.

Real-World Cases and How Long They Took

Understanding litigation timelines becomes clearer when you look at actual cases.

Myra Clark Gaines — 57 Years (1834–1891)

The longest lawsuit in American history involved Myra Clark Gaines, a woman who spent her entire adult life fighting to be recognized as the sole heir to her father’s valuable New Orleans estate. The case appeared before the U.S. Supreme Court 17 times and Louisiana state and federal courts at least 70 times over its 57-year life. Gaines died in 1885 before the case was fully resolved. The Gaines case remains a cautionary tale about how complex property disputes with multiple parties and contested facts can stretch across generations.

Tobacco Master Settlement Agreement — Decades of Litigation, Settled in 1998

The tobacco litigation is the largest civil litigation settlement in U.S. history. Individual lawsuits against tobacco companies began as early as the 1950s — more than 800 private claims were filed between the 1950s and 1994. In the 1990s, 46 states sued the major tobacco companies — Philip Morris, R.J. Reynolds, Brown & Williamson, and Lorillard — to recover Medicaid costs linked to smoking-related illness.

The result was the 1998 Master Settlement Agreement, a $206 billion deal over 25 years. The settlement also banned certain advertising practices and created the Truth anti-smoking campaign. The tobacco litigation shows how mass claims involving public health and government parties can span decades before resolution.

Apple v. Samsung — 7 Years (2011–2018)

Apple sued Samsung in 2011, accusing the electronics giant of copying the iPhone’s design and software features. The case ballooned into more than 50 lawsuits across 10 countries. In 2012, a U.S. jury awarded Apple over $1 billion, which was later reduced. Samsung appealed, and the case went all the way to the U.S. Supreme Court, which in 2016 sent it back to the lower court.

After seven years and multiple trials, juries, and appeals, the two companies finally settled in 2018 for undisclosed terms. Apple v. Samsung illustrates how patent disputes between well-funded corporations can drag on through appeal after appeal.

Liebeck v. McDonald’s — Filed and Resolved in Under 1 Year (1994)

Stella Liebeck, 79, suffered third-degree burns from McDonald’s coffee and asked for just $20,000 to cover medical costs. McDonald’s refused. The case went to trial in August 1994, lasted about a week, and the jury awarded $2.7 million in punitive damages (later reduced by the judge to $480,000). The parties settled for a confidential amount after the verdict.

Despite its fame, the Liebeck case moved fast — from filing to resolution in under a year. It demonstrates that even high-profile cases can resolve quickly when the trial itself is straightforward.

Monsanto Roundup Litigation — Ongoing Since 2015

The first Roundup cancer lawsuits were filed in 2015 after the World Health Organization classified glyphosate as “probably carcinogenic.” The multidistrict litigation was centralized in federal court in California in 2016. The first trial resulted in a $289 million verdict in 2018 (later reduced to $20.5 million on appeal).

As of mid-2025, Monsanto (now Bayer) has settled approximately 130,000 Roundup lawsuits for roughly $11 billion. But about 61,000 cases remain pending. The Roundup litigation shows how mass tort cases involving thousands of plaintiffs and complex scientific evidence can persist for a decade or more.

Federal Court vs. State Court: How Timelines Differ

Where you file your case matters. Federal and state courts operate on different schedules and face different levels of congestion.

Federal courts resolve cases faster on average. The median federal civil case that does not go to trial is resolved in 6.9 months. But there is wide variation. The Fourth Circuit courts (covering Maryland, Virginia, West Virginia, and the Carolinas) had the highest average case duration at 582 days. The Eleventh Circuit (covering Georgia, Florida, and Alabama) had the lowest at 290 days.

At the district level, the Southern District of West Virginia holds the record for the longest average case duration at 1,153 days — over three years. Meanwhile, the Central District of California, one of the busiest federal courts in the country, averages just 243 days.

State courts are harder to generalize because each state has its own rules and timelines. In Cook County, Illinois (Chicago), the average time from filing to a jury verdict ranges from 24 to 36 months. In rural counties with lighter caseloads, cases can move much faster.

Strategies to Speed Up Your Case

You are not powerless in controlling how long your litigation takes. Several strategies can move your case along faster.

Mediation

Mediation brings both sides together with a neutral third party to negotiate a resolution. It is voluntary, confidential, and far faster than trial. Research shows that mediation achieves a 78% to 86% settlement success rate, and 75% to 80% of commercial mediations settle the same day.

Mediation costs about 10% of what a trial costs. Even if mediation does not produce a settlement on the first try, it often narrows the issues and moves the parties closer to agreement.

The key to successful mediation is timing. Mediating too early — before the defense has enough information about your case — can backfire. Experienced plaintiff attorneys raise the possibility of mediation early but schedule it after enough discovery has been completed for both sides to evaluate the case.

Arbitration

Arbitration is a binding process where a private arbitrator hears both sides and makes a decision. It is faster than trial — averaging 11.6 months compared to 24.2 months for litigation that goes to trial. Including appeals, federal cases take 33.6 months on average, making arbitration’s time advantage even more significant.

Many contracts — including employment agreements and consumer contracts — include mandatory arbitration clauses. While arbitration limits some rights (like the right to a jury trial), its speed advantage is substantial.

Early Case Assessment and Settlement Talks

Starting settlement conversations early can resolve a case in months rather than years. A proactive attorney sends a detailed demand letter, shares key evidence, and opens a dialogue before positions harden.

Insurance companies settle faster when they see that a case is well-prepared and trial-ready. Strong early documentation of injuries, liability, and damages puts pressure on the defense to negotiate rather than fight.

Stipulated Scheduling Orders

In federal court, both sides can agree on a scheduling order that sets deadlines for discovery, motions, and trial. Holding both parties to firm deadlines prevents the case from drifting. Courts under FRCP Rule 16 can impose scheduling orders, and proactive attorneys push for aggressive timelines that keep the case moving. Research from an INFORMS study found that smarter scheduling alone could reduce case delays by up to 65% — without adding a single judge.

Mistakes to Avoid That Drag Out Litigation

Several common errors can add months or years to a case.

• Waiting too long to file. Every state has a statute of limitations — the deadline to file a lawsuit. For personal injury, it is typically two to three years. For breach of contract, it is three to six years depending on the state. Missing this deadline means you lose the right to sue entirely.
• Failing to gather evidence early. Witnesses forget details, documents get lost, and surveillance footage gets overwritten. Delaying evidence collection weakens your case and can extend discovery.
• Choosing the wrong attorney. An attorney who lacks experience in your type of case may miss deadlines, fail to anticipate defense strategies, and allow the case to stall. Ask about a lawyer’s track record with cases similar to yours.
• Refusing reasonable settlement offers. Holding out for a larger amount can backfire. Trials are unpredictable — juries do not always rule the way you expect. Turning down a fair offer can add years of litigation and appeals with no guarantee of a better result.
• Not responding to discovery requests on time. Under FRCP Rule 37, failing to comply with discovery obligations can result in sanctions, including having your claims dismissed. Courts do not look kindly on parties who drag their feet.
• Ignoring mediation. Some parties see mediation as a sign of weakness. In reality, most judges and experienced attorneys view it as a smart, cost-effective way to resolve a dispute. Skipping mediation means you lose a chance to settle early.

Do’s and Don’ts of Litigation

Do’s:

• Do hire an attorney who specializes in your type of case. Specialization matters because each area of law has unique procedures and strategies.
• Do document everything from the beginning. Medical records, contracts, emails, photos, and witness contact information form the backbone of your case.
• Do respond to all court deadlines promptly. Missing a deadline can result in sanctions or dismissal.
• Do consider mediation or arbitration as an alternative to trial. Both are faster and less expensive.
• Do communicate regularly with your attorney. Ask for updates, understand the strategy, and make informed decisions.

Don’ts:

• Don’t post about your case on social media. Anything you post can be used against you by the other side.
• Don’t ignore a lawsuit if you are served. Failing to respond results in a default judgment against you — the court rules in the other party’s favor automatically.
• Don’t exaggerate your injuries or damages. Courts and juries can spot dishonesty, and it destroys your credibility.
• Don’t switch attorneys mid-case unless necessary. Transitions waste time and money as a new attorney gets up to speed.
• Don’t assume your case will be quick. Even straightforward cases face unexpected delays from court schedules, discovery disputes, and opposing counsel’s tactics.

Pros and Cons: Settling vs. Going to Trial

Pros of Settling:

• Faster resolution — often months instead of years
• Lower legal costs — trials are expensive
• Certainty — you know what you are getting
• Privacy — settlements can be confidential
• Less stress — trials are emotionally taxing

Cons of Settling:

• You may receive less than a jury would award
• The other side may lowball you if they sense you want to avoid trial
• There is no public accountability for the defendant
• You waive the right to further claims related to the dispute
• Settlements reached under pressure may not feel fair

Pros of Going to Trial:

• Potential for higher damages, including punitive damages
• Public accountability and precedent-setting
• Vindication through a formal verdict
• Ability to present your full story to a jury
• Punitive damages can punish egregious behavior

Cons of Going to Trial:

• Takes significantly longer — 771 to 831 days on average in federal court
• Much more expensive in legal fees and costs
• Unpredictable outcome — juries are not always consistent
• Emotional toll on plaintiffs and witnesses
• Possibility of losing and receiving nothing

FAQs

Can a lawsuit be resolved in less than six months?
Yes. Simple cases with clear liability and cooperative parties can settle in weeks or a few months, especially through mediation or pre-litigation negotiation.

Does filing in federal court make my case faster?
No, not always. While the median federal case resolves in 6.9 months, cases that go to trial take a median of 35.6 months. Speed depends on the case, not the court.

Can I force the other side to settle?
No. Settlement is voluntary. You cannot compel the opposing party to accept a deal. Strong evidence and trial preparation create pressure to negotiate, but a settlement requires both sides to agree.

Does hiring a more expensive attorney speed up my case?
No, not necessarily. What matters is the attorney’s experience and strategy, not the hourly rate. An experienced attorney who knows the judge and local rules can move a case far more efficiently.

Do most lawsuits go to trial?
No. Only about 3% to 5% of civil cases reach trial. Approximately 95% settle, are dismissed, or are resolved through pretrial motions.

Is mediation legally binding?
No, unless both parties sign a mediation agreement that becomes a binding contract. The mediation process itself is voluntary and nonbinding until an agreement is signed.

Can an appeal overturn my trial verdict?
Yes. Appellate courts can reverse a verdict, order a new trial, or modify the damages. Appeals focus on legal errors made during the trial, not new evidence.

Does the statute of limitations pause during litigation?
Yes, once a lawsuit is filed, the statute of limitations stops running for that claim. But if the case is dismissed, the clock may resume depending on the circumstances and jurisdiction.

Are class action settlements taxable?
Yes, in most cases. Compensatory damages for physical injuries are tax-free, but punitive damages, interest, and emotional distress awards are taxable under IRS rules.

Can I switch from state court to federal court?
Yes, through a process called removal. The defendant can remove a case to federal court if it involves a federal question or if the parties are from different states and the amount in controversy exceeds $75,000.