How long does it take to settle a personal Injury claim is a common question asked however no two personal injury cases are alike, so trying to pinpoint an answer to that question can seem daunting at times. If your case involved minimal injuries and was fairly straightforward, it could be resolved fairly quickly. If your injuries were severe and the case was complex, it could take years to reach a settlement.
Here at the Law Office of Zayed Al-Sayyed, we are no strangers to personal injury litigation. The following article helps outline the typical timeline of a personal injury claim and lawsuit.
Getting Medical Treatment
If you are injured in an accident, the first thing you should do is seek medical attention. Additionally, if you do not see a doctor after your accident, the insurance adjusters will likely assume that you were not injured or your injury was not severe enough to warrant medical treatment. This could seriously hinder your claim for damages.
Choosing Your Lawyer
After you have received medical attention, contact your attorney. They will be able to map out a plan for you so you can decide how to move forward. Should you choose to hire them, they will be able to begin your case and move on to the next phase.
Beginning the Investigation
Your lawyer will ask you details about the accident, your background, and medical condition since the accident. You’ll need to be up front and honest and try to be as detailed as possible. Your lawyer will then gather your medical records and bills for your accident related treatment in order to build your case for your bodily injury.
Negotiating Your Demands
Most personal injury cases are settled long before a court date ever occurs. If your lawyer knows they can settle your case, they will make a demand on your behalf to the negligent party and/or their attorney or insurance company. If your case can be settled outside of court it will take significantly less time than if it has to go to court.
Filing a Lawsuit
If your case cannot be settled, this is when your attorney will file a lawsuit. Now the clock starts ticking for your trial date. Depending on your state and the complexity of your injury case, it could take one to four years for your case to go to trial.
Entering the Discovery Phase
At this time, each party is investigating what their adversary’s legal claims and defenses are. Each party is entitled to request documents from the other side, request answers to questions, and even request and conduct depositions. A deposition is a discovery technique where one side has the opportunity to question its adversary’s witnesses. This is typically the longest process in any case.
After the discovery phase, each side’s lawyer will begin talking about settlement options. If they cannot settle amongst themselves, the case goes to mediation, which is where a mediator will work to settle the case.
Going to Trial
If the case cannot be settled out of court, it will go to trial. Trials can last from a few days to a few weeks, sometimes longer. They are often rescheduled and delayed, but eventually you will have your day in court.
There are many factors that go into How Long Does it Take to Settle a Personal Injury Claim If you have recently been injured and would like to talk to an attorney about how to handle a potential case, please reach out to us at https://alsayyedlaw.com and we will be happy to see how we can assist you.