Have you found yourself considering filing a lawsuit over unpaid insurance claims due to a car accident or other incident that has taken place in Michigan? If so, you’re not alone.
Let’s walk through the typical litigation timeline, which can take a year or even longer in some cases. You can watch our video, “ How Long Does a Lawsuit Take? A Litigation Timeline ,” or reference the timeline details below.
Lawsuit Settlement Timeline in Michigan
Once your lawyer files suit, your case will be assigned a judge & case number
You’ll then have 90 days to serve the defendant with a lawsuit
The defendant gets 21 or 28 days to file an answer to the lawsuit
The court sets a scheduling order that gives you 3-6 months to complete discovery / party’s respective investigations
The parties will send out interrogatories and request documents pertaining to the case
Answers are due within 28 days
Depositions are conducted and will finish around 5 – 6 months after the lawsuit is filed
8 – 9 months after the lawsuit is filed, a case evaluation will be held
Parties submit detailed summaries of their arguments to a panel of three experienced attorneys
This is also referred to as mediation in Michigan, where the panel determines the appropriate value of a case and recommend a settlement amount
An award is determined based on the summaries and arguments
Both parties have 28 days to accept or reject the award
If both parties accept, the case is settled
If one party rejects, the case moves forward
42 days after the case evaluation, the court will set a settlement conference with the judge
The judge will attempt to talk to the attorneys to see if the case can be settled without going to trial
Facilitation may happen outside of court
If the settlement conference and facilitation fail, the judge will set a trial date
The jury trial is set approximately one year after the accident
Civil trials can last one day to several weeks depending on the complexity of the case
More Things to Keep in Mind for Lawsuits in Michigan
Keep in mind the discovery period could be extended by the judge which could mean a 3 – 6 month delay
You may not be able to get a trial date for 6 months or more after the settlement conference if the trial docket is full
If your dispute amount is less than $25,000 you have the option of filing in District Court which means you could get a trial date within a few months (due to no mandatory discovery or case evaluation)
About Seva Law Firm
Seva Law Firm is a litigation law firm with offices in Troy and Southfield Michigan. Seva Law Firm specializes in car accident insurance disputes. Contact us today for further information or to discuss the particulars of your case.
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