How Long Will it Take for My Lawsuit to Settle in Michigan?

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.