During this stage, your attorney will ask you countless questions and thoroughly review all of your medical records. This initial claim review is useful for two reasons. First, the review will help your attorney become acquainted with you, your needs, and your injuries. This will help you and your attorney develop a better working relationship as the litigation process moves forward.
Second, the claims review process is used to determine the ultimate value of your case. From the beginning, your lawyer will be making decisions about how much he or she believes your case is actually worth and what type of legal strategy may best suit you. It may be that your personal injury claim may turn or not turn into a lawsuit and will instead be resolved by insurance negotiation and a pre-suit settlement.
In other cases, a court filing will be necessary. The claims negotiation process has become an integral part of the legal system and can allow you to receive compensation early.
However, you should be aware that this is truly a negotiation process, and will take time. Generally, your attorney will begin by sending a demand for damages and injuries sustained that is more than what you would expect to actually receive. Most insurance company settlement offers made within a few weeks of an accident taking place are low. These offers are made in an effort to dissuade accident victims from pursuing their claim.
Often, these offers will not take into account your lost wages or pain and suffering. From these initial offers, your lawyer will try to negotiate a settlement for you. If a pre-suit settlement cannot be reached, your lawyer will file a lawsuit. Note: This process could be largely affected by the medical recovery process.
A good lawyer will generally not make a demand until the plaintiff has reached a point of maximum medical improvement MMI. This is because the lawyer will then be able to leverage the full known extent of your injuries. Estimated Time to Complete: One to Three Months note: many additional claims are resolved shortly after a lawsuit is filed.
Preparing a lawsuit filing is generally viewed as a last resort because most clients do not want to take their cases to court. Most personal injury victims prefer early settlement of claims, however, with many larger claims, filing a lawsuit will be the only way to secure financial compensation that can come anywhere close to being a full recovery.
In other cases, however, the defendant may make another type of response which could draw out the pleading process. Estimated Time to Complete: Six Months to Two Years note: almost all claims still active are resolved at various stages during this process. Before a personal injury case goes to trial, a process known as discovery must take place. Discovery is the legal process by which the parties to the lawsuit can obtain evidence from one another.
The discovery process typically includes interviews, short questionnaires, depositions, and requests for documents. Depending on the nature of the case, the length of the discovery process will differ dramatically. For example, most car accident claims will conclude discovery within six months many will conclude discovery even before then.
In a more complex type of case such as a medical malpractice claim, however, the highly technical nature of the case could result in a years-long discovery process. During the discovery process, it is also common for the parties to continue negotiating toward a settlement. A mediation or settlement conference will occur. A mediation is a structured settlement conference where the lawyers and the parties hire a professional mediator to assist the parties in reaching a settlement.
Most mediations are successful because of evidence that is uncovered during the discovery process. A personal injury trial can last a day, a week, or even longer. Typically personal injury trials in New York will average between days. The length may be either increased or decreased in other states due to changes in court rules and docketing procedures.
For example, in many states, trials are held during mornings instead of over a full day, which functionally doubles the length of a trial. A civil trial always occurs in five phases:. The completion of the trial does not necessarily conclude the lawsuit. After a trial, both parties to the lawsuit generally have a right to appeal the outcome of their case to a higher court. If a party feels an error was made at trial by the judge, he or she might file a motion for rehearing, a motion for reconsideration, or an appeal.
An appeal starts a whole new series of legal proceedings that can last for months or several years. Less than half of one percent of personal injury victims will ever have a case reach the appeals state, either because the case never reached the trial stage or because an appeal is unnecessary.
If no appeal is filed, enforcing the judgment may also take time. Again, this process can take months or even years depending on how forthcoming the party is. As a general rule, there will be matters for the attorneys to resolve for at least thirty days after the trial is completed. Although proceeding with a lawsuit is definitely the best way to ensure that you are compensated for your injuries, unfortunately, not all lawsuits take the same amount of time.
There are a number of reasons for why some lawsuits may take longer than others. Not only does it depend on the adjuster, insurance company, and the attorney that you are dealing with, but it also depends upon how aggressive and organized the personal injury attorney you hire is as well. If the personal injury attorney you hire is constantly calling the insurance company and not just letting your case sit on the back burner, then the chances of resolving your case sooner is more likely. Moreover, in general, the higher the value or the more your case is worth, the longer it may take.
One of the chief issues for a delay that may affect your personal injury lawsuit timeline is the issue of proving liability.
In a car accident or slip and fall case, for example, the injured party must prove that the other party was negligent. You must prove that the negligent party either already knew or should have known about the dangerous condition that caused you to slip, but failed to act upon it.
Another issue for delay that may affect the compensation you deserve is issues with how much your case is worth , which is also called damages. The insurance company may try to minimize your injuries by stating that your medical treatment was unnecessary for the injury you sustained, or that your treatment may stem from a preexisting condition and not the injury itself. Issues regarding damages, unfortunately, put a delay on resolution.
So, how long does a personal injury case take? Again, for any personal injury lawsuits , it depends on the severity of the injury and if there are any complications regarding liability. For any auto accident or car accident , for example, how long depends upon whether anybody was ticketed, whether there were any admissions of liability, how easy it is to show liability of the other party, and of course, how severe the damages are that were sustained by the injured party.
What can also complicate matters is whether or not the person that caused the accident had insurance or not. We respond quickly, and we are dedicated to pursuing justice for the injured in Michigan. Take a look at what some of our previous clients have to say about the high caliber of the services we provide.
If you have been wrongly injured, we would be happy to review the specific details of your case to determine how we can help. How Long Does a Lawsuit Take? Finding and Hiring An Attorney This step is extremely important, particularly in cases of serious or catastrophic injury. The Investigation An investigation into the facts is initiated directly after you have retained counsel.
Determine insurance Write up letter of Retention 3. Ensuring the Patient Gets All Recommended Care and Treatment It is imperative that the injured person has access to any treatment or care that has been recommended by the medical professionals who assessed his or her condition. Determining the Insurance the At-Fault Party Carries The insurance company of the responsible party is contacted and the policy limits identified.
Pre-Suit Negotiations The facts are shared with an insurance adjuster, in an effort to get the case resolved quickly and fairly. Filing the Lawsuit If the insurance company does not make a fair settlement offer, a lawsuit will be filed. Discovery This process includes: Interrogatories Depositions And developing witness lists and sharing this information with the opposing counsel. Case Evaluation Prior to the trial, the case is submitted to a panel that is tasked with evaluating the claim.
Preparing for Trial The case is carefully prepared for presentation to a jury, with all relevant facts regarding the degree of the injuries, the long-term consequences to the victim, the facts surrounding the negligence of the responsible party, and all other details. Verdict Settlement The case is presented in court, the jury reaches a verdict, and the settlement is awarded to the injured party and becomes a court order.
The judgment may be a lump sum or it may be broken up into payments. Learn how to get ahead in your studies and the career field, as well be a guest contributor to our blog and apply for one of our scholarships.
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A visual guide to the stages of a personal injury lawsuit. View Full Size Get the Code Use this graphic on your site Use this infographic on your site We encourage people to use our infographics, with proper attribution. How long will my injury claim take? To schedule an initial consultation, use our free online directory.
Enjuris tip: Learn more about how to find an attorney, and find out how to prepare for your initial consultation to get the most out of it. Enjuris tip: Learn more about discovery , including what information is and is not discoverable. Sometimes this is to give the parties additional time to settle the case.
Other times, the court simply has a conflict. Find your State. Free personal injury guides for download to print or save.
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