Q: How long should a personal injury case stay pending in a civil court? Who can give me (the plaintiff) information on a

A: A typical personal injury case will go to trial in 24-36 months. If a defendant was properly served and has not filed an answer, you can file a motion for default judgment with a military service affidavit and certificate of last known address and schedule a prove-up hearing for damages. Make sure that you present legally sufficient evidence of all damages you seek. If the defendant appeals the default judgment on the ground that you did not present legally sufficient evidence of your damages, the appellate court will reverse and render judgment that you take nothing if they agree that you did not present legally sufficient evidence of your damages.

Remember that future damages (e.g. future loss of earning capacity and future medical expenses) must be reduced to present value. The formula for calculating present value is:

The formula for PV is: Present Value=FV /(1+r)^n

FV = Future Value

r = Rate of return

n = number of periods

The 3-month T-bill rate is often used for the value of r.

In state court, any appeal will be to the San Antonio court of appeals. In federal court, any appeal will be to the Fifth Circuit. While it is possible to request the state or federal supreme court to review the decision of the appeals court, any such appeal will be discretionary.

Court records are available online. As the plaintiff, you can look up your case online for any information you might need that is reflected in the court's file.

A: It could depend on the court backlog and other issues related to the progress of the case. Some cases could be concluded in less than a year, while some could go on for six or seven years, depending on the complexity or the way attorneys for both sides are handling things. This sounds like a difficult case, being on the third law firm - attorneys would probably want to see the file to advise meaningfully. Good luck