Personal Injury Lawsuit Timeline: What to Expect

You deserve to know all about the personal injury lawsuit timeline.

Here’s what to understand.

Introduction

Injuries are rarely ever expected, but they can happen so quickly – and more often than you think. It’s not uncommon for you to be moving through your day and find yourself dealing with an injury. It can happen from a slip and fall on a wet floor at your local grocery store, due to a faulty product you received to enhance a hobby, or an accident involving a negligent driver as you head out for an afternoon bike ride.

Being injured due to an accident of any kind can impact your life. It may change your ability to work now and in the future, it can lead to a stack of medical bills, it can leave you emotionally impacted, and so much more. Working with an attorney and filing a personal injury lawsuit can help you get back on your feet so that you can find balance in your new way of life, post-accident.

But, how long does it take to receive that compensation? Let’s take a look at the personal injury lawsuit timeline.

Hire an Experienced Personal Injury Attorney

First thing’s first – you are not going to want to move forward pursuing a personal injury case without having the proper representation. Depending on your specific case, the other party is likely to be represented. And to avoid any unfair tactics, you are going to need to make sure that you have someone who knows how to fight for you.

You may want to consult with a few different attorneys to find one who has experience in successfully handling cases like yours.

Once the right attorney is hired, he or she will begin by investigating the claim. This includes uncovering the details about the accident, reviewing medical records, learning about your injuries, and so on. Gathering all this information can take quite a while depending on the circumstances surrounding the case.

Demand is Made

Settling the case for the right compensation is generally always the goal in order to avoid expensive trials. When the time is right, the attorney will make a demand for the full value of the case. While rarely will the full demanded amount be handed over with ease, it does get both parties talking and negotiations can be made.

A personal injury lawyer who has experience will not make a demand until they know how much a case is worth. And, to do that, you will need to have reached a point of healing referred to as Maximum Medical Improvement (MMI). This is the time when all medical treatment has been received and you have recovered as much as medically possible. Without reaching this stage, it is impossible to tell just how much a case is actually worth as treatment is still ongoing.

Filing the Personal Injury Lawsuit

When talks between parties turn stale, the case will move into the next phase – the litigation phase. This is when the lawsuit is actually filed with the court. That doesn’t mean your case will go to trial right away as there is a whole process, but it does get things moving in the right direction.

Discovery

Once a case is filed, everyone wants to be on the same page. They want to know the details and the story from the other party so they know how to approach the case. Requesting interrogatories (answers to a list of questions) from both parties and any witnesses will allow each side to put together their case. Sometimes depositions take place, too, which involves asking these questions to any party or witness of the case while under oath.

The discovery phase can last for quite a while, especially with those filing for extensions of time in an attempt to draw out the process. The sooner it can get cleared up, the sooner the case can progress forward through the personal injury timeline.

Mediation

Once everyone has discovery, negotiations kick up again in the form of mediation. This process can be formal, using an actual mediator that goes between both parties or it can be informal as talks between the two attorneys. The idea is to come to an agreed-upon settlement before the case goes to trial.

It is important to note that many personal injury cases never make it to trial. There are a lot of negotiations that take place between your attorney and the negligent party in an attempt to get you the compensation you deserve without having to tack on hefty attorney fees. So, while it may seem that the personal injury lawsuit timeline seems long – it may not last as long as you’d imagine.

Of course, a good and experienced attorney will know just how much your case is worth and won’t settle for anything less.

The Trial

If negotiating does not work and settlement just can’t be reached, then the case will move forward to the trial phase. Most of the time these trials can last a day or two. Other times, however, they’ve been known to last weeks or more. And, truth be told, depending on the court your case is in, you may find that your trial gets moved around and delayed and so forth due to the judge’s calendar and emergencies that arise.

Besides, trials can be expensive and leave the outcome in the hands of the jury or the judge. This is why most attorneys want to maintain control and settle the case before it ever reaches this step.

Closing Thoughts

You never intended to be in the situation you are in – dealing with a personal injury. But, sometimes life just happens that way. The best thing you can do is take a step in the right direction and hire a lawyer who has extensive experience in working with personal injury cases. That means having success with previous cases, negotiation skills, and a high level of dedication to clients.

With an attorney, you can rest easy knowing that you have someone fighting for your rights so that you can receive the compensation you deserve.