Insurance Lawsuits Explained: What to Expect and How Long Do They Last?
- Rabih Hamawi
- 4 days ago
- 3 min read
Many policyholders who have disputes with their insurers, and decide to sue them, often find themselves asking the same pressing question: “How long will this lawsuit take and what can I expect?” It’s a natural concern, as insurance claims—especially those involving significant property damage, fire losses, or denied insurance coverage—can have a major impact on an insured-plaintiff's finances, daily life, and peace of mind.
While every lawsuit is unique and timelines can vary depending on the complexity of the case, insurance lawsuits typically take at least one to two years, not including appeals. This is due to the multiple stages involved in litigation, including filing the complaint, exchanging evidence, engaging in discovery, participating in mediation or other alternative dispute resolution, and potentially going to trial. By understanding these stages and what to expect at each step, plaintiffs can set realistic expectations, plan accordingly, and remain proactive throughout the legal process.
Preparing for a Successful Insurance Lawsuit
Success in an insurance lawsuit doesn’t start in the courtroom—it starts long before you file. It starts when you report a claim for the very first time. Preparation is everything. This means that as a start, you must carefully review your policy, organize all correspondence with your insurer, gather photos and videos, repair estimates, invoices, and any expert reports that support your claim.
Understanding the strengths and weaknesses of your case allows you to anticipate challenges and respond effectively. Being thorough at this stage not only strengthens your position but also sets the tone for the entire litigation process, giving you confidence and control as you move forward. The more prepared you are, the more likely your case will proceed smoothly and increase your chances of a favorable outcome.
Filing the Lawsuit
The process begins when your attorney formally files a complaint with the court. In an insurance lawsuit, this usually involves claims for property damage, fire loss, or denied insurance coverage. Once filed, the insurance company is then officially notified and served, and it is required to respond, by answering the complaint.
The Answer and Preliminary Motions
After serving your complaint on you insurer, it typically has a set period of time to file an answer. When it answers, the insurer admits or denies your claims and may raise defenses. At this stage, either party may also file preliminary motions, such as motions to dismiss, which can slightly extend the timeline.
Discovery Phase
The discovery phase is one of the most time-intensive parts of litigation. During discovery, both sides exchange evidence, documents, and witness information. Depositions, interrogatories, and requests for production help build each party’s case. In insurance disputes, this phase can take several months or even over a year, especially if experts are involved, such as engineers or fire investigators.
Pre-Trial Mediation and Motions
Even before a trial, there are often opportunities to resolve the case. Settlement negotiations or mediation can sometimes resolve disputes faster. But if negotiations fail, parties may file pre-trial motions to clarify issues, exclude evidence, or request summary disposition or judgment. Each motion can add weeks or months to the process.
Trial
If the case proceeds to trial, the court schedules hearings and trial dates, which can be influenced by the court’s docket. A typical trial may last several days to weeks, depending on the complexity of the case.
Post-Trial and Appeals
After the trial, either party may file appeals, which can extend the resolution timeline by additional months or even years. But even without appeals, most insurance disputes take at least two years from filing to resolution, and sometimes more.
Key Takeaways
Insurance lawsuits are often complex and involve detailed evidence and expert testimony.
The process typically lasts two years or more.
Understanding each stage—filing, discovery, pre-trial motions, trial, and possible appeals—helps policyholders stay prepared and avoid surprises.
If you are dealing with a denied insurance claim or ongoing insurance dispute, working with an experienced insurance attorney can streamline the process, ensure your rights are protected, and help you pursue the compensation you deserve.
If your insurance company has denied, delayed, or underpaid your insurance claim, contact Law Office of Rabih Hamawi for a case evaluation at (248) 905-1133 or www.hamawilaw.com.
Who is Rabih Hamawi?
Attorney & Counselor
Rabih Hamawi is a principal at the Law Office of Rabih Hamawi, P.C. and focuses his practice on representing policyholders in fire, property damage, and insurance-coverage disputes against insurance companies and in errors-and-omissions cases against insurance agents. He may be reached at (248) 905-1133.
