How Long Does It Take to Complete a Medical Malpractice Lawsuit in New Jersey?

Medical malpractice lawsuits are some of the most complex legal claims in personal injury law. Victims and their families are often curious about how long a malpractice settlement takes, but timelines vary based on the specific circumstances of the claim. Our medical malpractice team, led by Paul M. da Costa, can help you understand the general timeline of claims in New Jersey and common factors that influence how long it may take to reach a medical malpractice settlement or verdict.  

General Timeline for Medical Malpractice Lawsuits in New Jersey

Generally, the average range of time it takes to resolve a medical malpractice lawsuit is one to three years. However, complex cases that go to trial can take longer. Learning how these claims work can help you gain a deeper understanding of the process and know what to expect.

Consultation and Initial Investigation

The first step in your journey is to seek the counsel of a medical malpractice attorney. Our team listens to your story, collects and reviews medical records, consults with experts, and evaluates whether a standard of care was breached. This phase usually takes about one to three months.

Filing the Medical Malpractice Lawsuit

Once the groundwork is complete, your medical malpractice lawyer will file a complaint in court. The defendants are then served with the complaint and must respond within 35 days. Within 60 days of the defendant filing an answer, a plaintiff must provide an Affidavit of Merit. This affidavit is signed by a medical expert in the same specialty who confirms that the claim has a reasonable basis. From filing the complaint to providing the affidavit, this process can take anywhere from two to four months. How long it takes will depend on the complexity of the case, how quickly the defendant responds, and whether any delays occur during the service process.

Discovery Phase

The discovery phase is often the most time-consuming part of a medical malpractice lawsuit, as it involves the exchange of evidence and depositions. The discovery process may include:

• Requests for medical records and other evidence
• Written questions
• Depositions of plaintiffs, defendants, witnesses, and medical experts

This phase can take six to twelve months or longer. Unfortunately, delays are common if we encounter scheduling conflicts, challenges gathering evidence, uncooperative witnesses, or legal maneuvering by the defendant’s attorneys.

Negotiations and Pre-Trial Motions

Before going to trial, both parties’ medical malpractice attorneys may attempt to come to a resolution through settlement negotiations or mediation. In some cases, a complaint may be dismissed via pre-trial motions if the defense provides compelling evidence that undermines the plaintiff’s claim. This phase usually takes two to six months. Our medical malpractice lawyers know how to build and present convincing arguments that demonstrate the validity of your claim.

Trial

If a reasonable medical malpractice settlement can’t be reached, the case proceeds to trial. The length of the trial depends on how long it takes to choose a jury, the complexity of the issues involved, and the amount of evidence and witnesses. A trial may take only a week, or it could take several months, depending on the circumstances of the case. In rare cases, the plaintiff and defendant may agree to a bench trial before a judge, which can be faster and less costly. It’s important to note that court availability also affects how long it takes to get a trial date.

Appeals

Even after a verdict is reached, the case may continue. Either side can appeal the jury’s or judge’s decision, which can prolong the case for months or years.

Factors That Impact How Long a Medical Malpractice Lawsuit Takes in New Jersey

Although the stages mentioned above provide a general timeline, countless variables affect how long a malpractice settlement takes. Claims involving rare or complex medical conditions or injuries may require extensive investigation, expert testimony, and other documentation. If multiple healthcare institutions or providers are named in the lawsuit, discovery and negotiations can add months or even years to a medical malpractice case.

Collecting complete and accurate medical records is vital, and it’s common to encounter delays when obtaining these records. Tracking down witnesses and scheduling depositions can also cause significant delays. Again, court backlogs or scheduling conflicts can also slow the progress of a medical malpractice lawsuit.

Ideally, a medical malpractice claim would be resolved quickly through settlement negotiations. However, insurers are notorious for delaying settlements so a plaintiff will accept a lower offer or even drop the case. Our tenacious medical malpractice attorneys won’t give in to their demands and will continue to fight tirelessly to help you reach a fair agreement.

Why You Need an Experienced Medical Malpractice Attorney in New Jersey

Navigating a medical malpractice lawsuit without seasoned legal counsel can make a considerable difference in the outcome of your case and how long it takes to resolve. Our New Jersey medical malpractice lawyers are certified civil trial attorneys who know how to efficiently prepare for trial and navigate procedural and legal pitfalls that can derail or delay your case. Our attorneys know what to look for in medical records and have longstanding relationships with trusted experts who can review your case and offer credible testimony.

Before going to trial, your medical malpractice lawyer will do their best to settle your case. Our medical malpractice attorneys are skilled negotiators who know how to effectively communicate with insurers and their teams of lawyers to obtain fair compensation in a timely manner.

However, we will stand our ground and be fully prepared for trial, which may prompt the defendant to settle rather than face the risks, time, and expense of a courtroom battle. Paul and his team have achieved significant seven- and eight-figure medical malpractice settlements and verdicts on behalf of their clients and provide competent, compassionate legal representation you can trust.

Contact Our Medical Malpractice Attorneys Near You in New Jersey to Learn More

At Sarno da Costa D’Aniello Maceri Webb LLC, our medical malpractice lawyers care about clients and their families. To learn more about how long a malpractice settlement takes and how our team can help, contact us or call 973-274-5200 to schedule a free, no-obligation consultation with Paul M. da Costa. Our medical malpractice attorneys serve clients in several convenient locations near you in New Jersey, including Roseland, Bridgewater, Hackensack, Morristown, and Eatontown, NJ.