How long does a Legal malpractice case take?
How long does a Legal malpractice lawsuit take in NJ State Court? The answer is different depending on whether you are talking about settlement or trial. A lawsuit that ends in settlement occurs when the parties agree to terms of dismissal, usually with payment made by the defendant. A trial is the case ending proceeding when the case is presented to the judge and jury.
Like any lawsuit, a case can settle quickly or over a more extended period of time. Many factors determine the likelihood a case will settle. These factors include the insurance carrier’s desire to settle, strength of claim, and client expectations. Sometimes legal malpractice cases are mediated as well, which can lead to settlement.
These cases take between 2-3 years to reach trial. The reason that it can take 2-3 years to reach trial is that in NJ state court, the discovery track is 450 days. During that time, the parties to the lawsuit exchange information about claims and defenses. Such information includes expert information, including expert reports. Witnesses are also interviewed in a proceeding called a deposition.
When the case is eventually listed for trial, the first trial listing is rarely the actual trial listing. Usually, it will take more than one trial listing over the course of months before the real trial is finally assigned to a Judge. Once the trial judge is assigned, a legal malpractice trial can last several days to weeks depending on the number of witnesses and complexity of the issues.
If you believe that your lawyer has committed legal malpractice, you should speak with a legal malpractice attorney. The Law Offices of Ronald J. Wronko, LLC is experienced in handling legal malpractice cases. You can contact Ronald J. Wronko, Esq., at ron@ronwronkolaw.com or request a free case evaluation on his website.