The duration of personal injury lawsuits tends to vary, depending on many factors. Although all of these cases are different, the stages of personal injury lawsuits are the same. How long each stage lasts impacts the duration of the case. In addition, how your injury case is resolved impact your lawsuit timeline. For instance, a case resolution can be quickly achieved if an out-of-court settlement is reached by both parties. Lawsuits that are settled during mediation are shorter than those tried in the courtroom. To learn more about the stages in personal injury lawsuits, keep reading:
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Seeking Medical Attention
You need to give evidence that you sustained injuries because of the accident. Such evidence must be recorded in your medical records. This makes it important to obtain treatment for the injuries you suffered. Moreover, you must understand the seriousness and implications of your injuries to make the best decisions for medical expenses and care.
Investigations
Once you hire a personal injury attorney, they will thoroughly investigate your claim to determine the liable party and gather evidence to prove your damages. Often, this investigation involves taking pictures or videos of the accident scene, gathering and reviewing your medical records and bills, as well as hiring experts to support your accounts of what happened. How long this investigation process will take depends on the complexity of the accident. For instance, a multi-vehicle accident is more complex than an accident that only involves two parties.
Pre-Lawsuit Negotiations
Before you file a lawsuit, your attorney will send a demand letter to the at-fault party’s insurer to try to reach a reasonable resolution. Typically, insurance adjusters will focus on paying out the least amount of money possible. Thus, negotiations may take a long time as your lawyer pushes back to obtain a fair settlement on your behalf. If the insurer fails to meet your demands, your attorney may advise you to file a lawsuit. You have two years from the accident date to do this.
Once you have filed a lawsuit, your complaint must be served to the defendant within sixty days. The defendant has thirty days to answer it. A personal injury lawsuit includes the discovery phase and mediation.
Trial
If you and the other party cannot settle your case out of court, your case goes to trial. How long the trial will take depends on some factors such as the number of witnesses, the timeline of the judge, and the amount of evidence.
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