How Long Does a Qui Tam Lawsuit Take? A Step-by-Step Timeline

Almost everyone asks the same thing, “How long does a qui tam case take?” It is a fair question, and the honest answer is longer than you want to hear. Most cases run three to five years from filing to payment. Some finish sooner, but some can run past a decade.

How Long Does a Qui Tam Case Take?

A qui tam suit is not an ordinary lawsuit. You file it in secret on the government’s behalf, the Justice Department investigates before your employer is told, and only then does the case become a normal piece of litigation. Each of those phases has its own clock. If the concept itself is new to you, our overview of qui tam law explained covers the mechanics. What follows is the calendar.

Roughly, and with the caveat that no two cases behave alike:

• Before filing – one to six months
• Under seal – one to three years is typical (longer is common)
• After the seal lifts – one to three years, more if it goes to trial or appeal
• Total: three to five years for most cases

Stage by Stage of The Qui Tam Lawsuit Timeline

Stage One: Before You File

You gather what you know, and your attorney investigates. Nothing is filed yet. Two things get checked carefully here. First, whether anyone has filed on this fraud before you, because the first to file generally forecloses everyone behind them. Second, whether the information is already public, since the public disclosure bar can bar a claim built on facts already in the open. Expect one to six months.

Stage Two: Filing the Sealed Qui Tam Case

Your attorney files the complaint in federal court and serves the Justice Department with a written disclosure of the evidence. A sealed qui tam case is invisible: the defendant is not served, not notified, and cannot legally be told. By statute, the seal lasts 60 days. In practice the government asks the court for extensions, and courts grant them.

The Qui Tam Investigation Period

What the government is doing while you wait

During the qui tam investigation period, DOJ attorneys and federal agents review documents, issue subpoenas, interview witnesses, and consult the affected agency. They may ask to interview you, sometimes repeatedly.

Intervene or decline

Eventually the government makes a decision. If it intervenes, it takes the lead, and the case usually resolves faster, often by settlement. If it declines, you may proceed alone.

Resource constraints, damages estimates, and district priorities all weigh on it. This is precisely why choosing the right FCA attorney matters: firms that only pursue intervened cases tend to walk away at exactly the moment their client needs them most. In FY2025, whistleblowers pursuing declined health care cases recovered more than those in cases the government joined.

After the Seal Lifts: The Rest of the False Claims Act Case Timeline

When the seal is lifted, your employer is finally served and learns who filed. The remaining False Claims Act case timeline looks like ordinary federal litigation, because that is what it now is. Motions to dismiss come first, then discovery, which is where the years accumulate. Most cases settle. A minority reach trial, and a smaller number are appealed.

One caution about the finish line. Your payment follows collection, not the press release. A settlement announced in March may not be collected for months, and your share is calculated on what is actually recovered. Across all federal fraud cases, the Justice Department reported record recoveries exceeding $6.8 billion in FY2025, with more than $5.3 billion of that traceable to cases a private citizen started.

The Qui Tam Process Steps at a Glance

• Speak with a whistleblower attorney before you tell anyone else
• Gather and organize what you lawfully have access to
• File the complaint under seal, with a written disclosure to DOJ
• Cooperate through the government investigation
• The government intervenes, or declines and you continue
• The case settles or is tried
• Funds are collected, then the relator’s share is paid

What Speeds a Case Up, and What Slows It Down

Some of these you control, but several you do not. Thus, it is worth knowing these in advance so the delays won’t take you by surprise.

• Faster: Clear documentary evidence, a single defendant, a narrow scheme, prompt reporting, and a relator who stays responsive.
• Slower: Multiple defendants, nationwide conduct, a parallel criminal investigation, a defendant with the appetite to litigate, and appeals.

Nationally, the average relator receives a share of around 16% of the recovery. Cases where the whistleblower and counsel stayed engaged through a long, declining litigation are the ones that reach the statutory ceiling of 30%.

Start Now and Not Later

Every conversation with our firm is confidential and protected by attorney-client privilege, even if you have signed a non-disclosure agreement with your employer. 

Start with a case evaluation, or call The McCabe Law Firm at 404-225-5546.

Frequently Asked Questions

Why does the seal last so long?

The statute sets 60 days, but the government routinely asks the court for extensions so it can investigate properly, and courts routinely grant them.

Will my employer know while the case is sealed?

No. The defendant is not served and cannot lawfully be told. Most whistleblowers continue working during this period. If retaliation occurs anyway, the False Claims Act provides separate remedies, including reinstatement and double back pay.

What happens if the government declines to intervene?

You may proceed on your own. Declination is the usual outcome rather than a verdict on your case, and declined cases produced some of the largest recoveries of FY2025. Your potential share also rises, to between 25 and 30 percent.

Can I speed my case up?

Partly. Filing early, bringing organized evidence, and responding promptly to the government can all help speed up the case, although the length of the investigation and the defendant’s willingness to settle are outside your control.

When do I actually get paid?

You can get paid when the case resolves and the money is collected, not when a settlement is announced. Your share is a percentage of what is actually recovered.

Disclaimer: This content is provided for general information only and does not constitute legal advice. Timelines vary considerably between cases. You should seek independent legal advice from a qualified professional regarding your specific circumstances.