Civil lawsuit how long does it take

If a settlement is not reached, the case will be ruled on by a judge. The judge will then determine if the plaintiffs can receive any financial compensation. Judges also decide how much money the plaintiffs can be awarded.

If the plaintiffs receive a favorable judgement, the funds will be submitted to the lead plaintiff. After legal fees, the lead plaintiff helps distribute the funds to all affected members of the class action lawsuit.

The judge will also create a plan and system to ensure class members can attain their awarded funds. For a free legal consultation, call There are online databases that class members can access to research their case at any time.

You can also search cases that are currently open, pending, or even closed. These databases are also a great way for potential class members to research a claim if they have not been contacted yet. If you search for a defendant that harmed you or caused damages, you may discover that there is already an open claim that can be joined.

Other class action lawsuits might have their own website that details their case and includes steps to join as a class member.

When big companies harm innocent people, our firm can fight for your cause and support a lead plaintiff in their legal battle with defendants. Ben Crump Law, PLLC will not back down from the largest of corporations, the most powerful citizens, or even local governments when seeking justice for your cause.

Call Ben Crump Law, PLLC today at to explain your damages against the defendant and begin planning your class action lawsuit. If all the plaintiffs live in different states from all the defendants, that qualifies. The idea here is that a foreign defendant may feel that they are being discriminated against by a domestic plaintiff in state court so they will move to have the case removed to federal court so that they feel like they are getting a fair shake and not have to worry about state court judges.

In any case, federal law allows for that type of a situation to be avoided. Most federal claims can also be brought in state court, even constitutional claims. Therefore, even if somebody has the right to go to federal court on a federal law or United States constitutional claim, they could bring it in the state court, so they have a choice as to where they would want to go. Many times, they will choose to file in federal court. Also, federal courts have exclusive jurisdiction over certain things like admiralty, which deals with the laws of the seas; as well as intellectual property law.

When the federal court has exclusive jurisdiction, those types of claims can only be brought in federal court. Selecting the right attorney in litigation is going to be about finding somebody who understands your case and can demonstrate that they really understand the facts of your case as you present them and knows how to apply the law to your case.

Phoebe delays going to the doctor until July 1 of the same year, at which time she finds out that her spleen had been removed mistakenly on January 1. In this situation, Phoebe's time period for suing the doctor probably begins to run on February 1, because the pain coupled with the second doctor's advice determines when Phoebe reasonably should have discovered the harm.

Example 3: Same case, except that Phoebe suffers no unusual after-effects following the January 1 surgery.

Phoebe is unaware that anything went wrong with the surgery until July 1 of the same year, when an X-ray during a routine medical checkup reveals that her spleen was removed. In this situation, since Phoebe did not discover and could not reasonably have discovered the harm until July 1, most states would measure Phoebe's time to sue from July 1. No, but statutes of limitations generally allow at least one year.

Except for when you sue a government agency, you almost always have at least one year from the date of harm to file a lawsuit, no matter what type of claim you have or which state you live in. In short, you should have no statute of limitations worries if you sue within this one-year period. Example: Henry is injured in an auto accident on February 1. On March 1 of the same year, a lawyer whom Henry hires recommends that he seek compensation for his injuries from the driver of the other car.

Henry spends months trying to settle with the other driver's insurance company. If Henry isn't sure of his state's statute of limitations for personal injury cases, he should be sure to file the suit before February 1 of the next year and his complaint will definitely be timely.

Once you file a complaint on time, a statute of limitations has nothing to do with how long it takes for a case to conclude. However, most states do have separate "diligent prosecution" statutes, which require you to move your case to trial within a certain time period or face dismissal. An experienced lawyer should be able to explain the ins and outs of the timing issues involved in your case. No, judges rarely throw out late claims on their own.

Defendants must bring to the court's attention any statute of limitations violation. To be sure that a judge dismisses an untimely case, you include an "affirmative defense" in your answer, alleging that the plaintiff's complaint is untimely.

As an alternative to filing an answer, in some courts you can file a Motion to Dismiss, asking a judge to throw out an untimely complaint. If you are a defendant who thinks that the plaintiff may have waited too long to sue, you'll need to check the applicable state or federal limitations period to determine whether the lawsuit is timely. You might want to speak to an experienced lawyer, who should be able to explain this complicated area of law. Often you cannot sue a government agency unless you first file an administrative claim with the city, county, or state of which the agency is a part.

And you may have as little as 60 days to submit an administrative claim. If as usually happens the government denies your claim, the denial letter will tell you how long you have to file a lawsuit in court.

For example, you have two years to file a claim against the federal government based on negligence. Check your state's rules quickly after you suffer harm, and consider talking to an attorney for a full explanation of the relevant time periods. Below you'll find California's statutes of limitations for several common types of lawsuits.

These are just broad overviews. Be aware that the law changes and that the rules can be more complex than indicated here. An experienced lawyer should be able to explain the relevant law as it applies to your situation.

Note: In , the California legislature "revived" claims for child sexual assault that had expired under prior law. Before , the limitations period was the date the victim turned 26 or three years after the victim discovered or should have discovered related adulthood psychological injury or illness.

Victims whose claims had expired as of January 1, were given three years from that date to bring their claims, unless the limitations period for childhood sexual assault that's described above would give them more time than that.