How Long Does a Personal Injury Lawsuit Take in Oklahoma?

You've been injured. You've hired a lawyer. Now you want to know: how long until this is over? Unfortunately, personal injury cases don't run on a predictable schedule. But understanding the typical timeline—and what can speed things up or slow them down—helps set realistic expectations.

The Short Answer

Simple cases with clear liability: 6 months to 1 year

Moderate cases requiring negotiation: 1-2 years

Complex cases going to trial: 2-4+ years

Most personal injury cases settle. Trials are the exception. But even settlements take time when significant money is at stake.

The Stages of a Personal Injury Case

Stage 1: Medical Treatment (Ongoing)

Before your case can be evaluated, you need to know the full extent of your injuries. Settling too early means potentially leaving money on the table if your condition worsens or requires more treatment.

For serious injuries, reaching "maximum medical improvement" (MMI)—the point where your condition is stable and predictable—can take months or even years. Your attorney will generally wait until you've reached MMI before making a settlement demand.

Timeline: Weeks to months, sometimes longer for serious injuries.

Stage 2: Investigation and Demand

Once your treatment picture is clear, your attorney:

• Gathers all medical records and bills
• Documents lost wages and other economic losses
• Investigates liability (fault) issues
• Calculates your damages
• Prepares and sends a demand letter to the insurance company

The demand letter presents your case and asks for specific compensation. Most insurers respond within 30-60 days, though they're not required to.

Timeline: 2-4 months after treatment stabilizes.

Stage 3: Negotiation

After your demand, the insurance company typically responds with a counteroffer. Often, their first offer is low—sometimes insultingly so. Negotiation follows.

Back-and-forth negotiation can resolve many cases. If both sides are reasonable and the numbers aren't too far apart, cases settle at this stage. If the insurer refuses to offer fair value, litigation becomes necessary.

Timeline: 1-6 months of active negotiation.

Stage 4: Filing Lawsuit

If negotiation fails, your attorney files a lawsuit. In Oklahoma, you must file within the statute of limitations—generally 2 years from the date of injury for personal injury claims.

Filing a lawsuit doesn't mean you've given up on settlement. Many cases settle after filing, sometimes even during trial. But litigation changes the dynamics and timeline.

Timeline: Filing takes days; litigation takes much longer.

Stage 5: Discovery

Discovery is the formal process of exchanging information between the parties. This includes:

• Interrogatories: Written questions that must be answered under oath
• Requests for production: Demands for documents
• Depositions: Recorded, sworn testimony from parties and witnesses
• Medical examinations: The defendant may require you to be examined by their doctor

Discovery is time-consuming and often contentious. Disputes over what must be disclosed can further slow the process.

Timeline: 6-12 months, sometimes longer.

Stage 6: Motions and Pre-Trial

After discovery, parties may file motions asking the court to rule on legal issues before trial. Summary judgment motions argue that one side should win without trial because there are no disputed facts. These motions take time to brief and argue.

Pre-trial conferences, mediation, and other settlement discussions continue throughout this period. Many cases settle on the courthouse steps after all the pre-trial work is done.

Timeline: 3-6 months for motions; varies for settlement discussions.

Stage 7: Trial

If the case doesn't settle, it goes to trial. Oklahoma trial courts have crowded dockets, so getting a trial date can take months after you're otherwise ready.

The trial itself typically lasts 2-5 days for most personal injury cases, though complex cases can run longer.

Timeline: Trial date often 6-12+ months after discovery closes.

Stage 8: Post-Trial and Appeals

If there's a verdict, the losing party may file post-trial motions or appeal. Appeals can add another 1-2 years before final resolution.

Most trial verdicts stick, but the possibility of appeal means even a "win" isn't immediately final.

What Affects Your Timeline

Severity of Injuries

More serious injuries mean longer treatment, longer recovery, and higher stakes—all of which extend the timeline. A simple soft tissue injury case moves faster than a traumatic brain injury case.

Liability Disputes

When fault is clear, cases resolve faster. When both sides have arguments about who caused the accident, the case takes longer because there's more to litigate.

Insurance Company Behavior

Some insurers settle reasonable cases quickly. Others delay, lowball, and force litigation. Which company you're dealing with significantly affects timing.

Number of Parties

Cases with multiple defendants (a truck driver and trucking company, for example) are more complex and take longer as each defendant has its own attorneys and strategies.

Court Docket

Oklahoma courts are busy. How quickly you get a trial date depends on which court you're in and what its backlog looks like.

Your Medical Treatment

You control some of the timeline through your treatment choices. Following medical advice, attending all appointments, and not rushing to settle before you've recovered all affect timing.

Should You Settle Early?

Insurance companies sometimes make early settlement offers hoping to close cases cheaply before victims understand the full extent of their injuries.

Early settlement can make sense if:

• Your injuries are minor and fully healed
• You need money quickly and the offer is fair
• The liability issues are complicated and going to court is risky

Early settlement is usually a mistake if:

• You're still treating
• Your condition might worsen
• The offer is far below what your case is worth

Your attorney can help you evaluate whether an early offer makes sense for your specific situation.

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Personal injury cases take time—often more time than you'd like. Understanding the process and setting realistic expectations helps you plan for the months ahead. Rushing to settle too quickly can cost you; but unrealistic expectations about quick paydays can lead to frustration.

At Addison Law, we represent Oklahomans injured by negligence and guide them through every stage of the process. If you have questions about what to expect, contact us for a free consultation.

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This article is for general information only and is not legal advice.