How many questions are rushing through your head after a vehicle accident? Probably several. How long would it take to resolve my personal injury lawsuit if the automobile accident was caused by someone else's negligence? The simple response to that query is that nobody is certain. It is impossible to predict how an accident may affect a client's long-term health.
It might only take a few weeks or as long as a couple of years for you to reach a settlement. The best method to guarantee that your matter is resolved promptly is to contact an attorney as soon as possible. The extent of your injuries and the subsequent medical care you require is the most important considerations in the vast majority of personal injury cases. When you've suffered just minor injuries, you might expect your case to be resolved fast. An injury that requires comprehensive therapy may take years to resolve.
When it comes to how long your case will take to be resolved, there are several factors at play
We'll go through the normal steps involved in filing a personal injury claim and lawsuit in the article that follows.
Treatment of Illness
After a vehicle accident, the first thing you should do is seek medical attention. To begin with, if you're hurt, go to the hospital immediately. However, even though this is the greatest thing you can do for your health, the insurance adjuster will likely conclude that your injuries aren't significant or were caused by your accident if you refuse to consult a doctor after your accident.
Pick a Lawyer
Selecting an attorney is the next step after you've obtained medical attention. A modest personal injury claim can be settled on your own, but it's not advised. Having legal representation can help to ensure that you receive the maximum compensation possible. Instead of worrying about your legal rights, having a lawyer takes some of the burdens off your shoulders. If you are seriously hurt, you should get the services of an attorney immediately. It is imperative that you find a lawyer as soon as possible to ensure that they can start working on your case and expedite your settlement.
Your Attorney Gets to Work on the Case
You will first be interviewed by your attorney, who will ask questions about how the accident occurred, how you came to be there, and about your medical condition and the treatments you require. Any information you can provide concerning the accident and your injuries will be helpful to your attorney. You'll need to answer all of the questions as thoroughly as possible because lawyers don't appreciate surprises. After then, your attorney will gather all of your accident-related medical documents and invoices.
Medical documents for any previous treatment for the damage you sustained in the accident may also be requested. If the damage is severe and you have a history of previous injuries, this step alone might take several months. Your lawyer will examine your medical documents after they have been sent and determine if you have a valid claim.
Demand for resolution
Before a lawsuit is ever filed, most personal injury claims are resolved out of court. They will make a demand on the other attorney or the insurance company if your lawyer is convinced that they can get a settlement for you. Your case will be completed considerably more quickly if you avoid having to go to court. Damage or disability that lasts a lifetime is likely to need legal action. It is common for attorneys to wait until you have achieved MMI before making a demand.
Your medical treatment is complete and you have recovered as much as your physicians anticipate you to recover. Your attorney won't be able to estimate the value of your case until he or she reaches MMI. Because of this, a wise lawyer never files or demands before MMI. To attain MMI, may take many months or perhaps several years. However, it's preferable to wait things out and see how it plays out.
A Lawsuit Is Filed On Your Behalf
If a lawsuit is necessary, your attorney will file it today. When your lawyer files a lawsuit, the clock begins ticking on how long it will take for the case to go to court. It could take from a year to two years for a personal injury lawsuit to reach trial, depending on the state. Personal injury claims have a deadline by which they must be submitted in each state, which varies from state to state.
Phase of Investigation
Legal claims and defences are examined during the discovery phase of a lawsuit. Questions and document requests from each party will be exchanged between the parties. It is also common for them to take depositions of all relevant witnesses in a case, starting with both sides of the case. The discovery phase can last anywhere from six months to a year, depending on the complexity of the case, the court's deadlines, and other factors.
Conferencing and Agreeing to a Deal
Lawyers will typically begin discussing settlement after the discovery phase ends. In some cases, lawyers can resolve a dispute without mediation, but in others, the parties will need to meet in person. In mediation, both lawyers and their clients meet with a mediator to try to reach a settlement on their own.
Trial
The trial is the final step. There are numerous alternatives to going to court to resolve disputes, including through negotiations or mediation.
Your case will go to trial if none of the above works. A trial can last a few hours, a few days, or even a few weeks. Keep in mind that just because a trial has been scheduled for an exact date, it doesn't mean it will actually begin on that date. Due to conflicts with the judge's schedule, trials frequently have to be rescheduled. In the event that your trial is cancelled, don't be alarmed. Trials are frequently postponed due to a variety of factors.
Based on the Crash
Many factors influence the time it takes to resolve a personal injury case, as you can see. As long as it was a minor accident, your injuries aren't severe, and the situation is straightforward, the case will be resolved fairly swiftly. With severe injuries, a major accident could take years to resolve. Hire a qualified personal injury attorney as soon as you can to ensure that your case is resolved in a timely manner.
