How Long To Sue For Personal Injury – This page has been written, edited and reviewed by a team of legal writers following extensive editorial guidelines. This page has been endorsed by founding partner Terry Crouppen, who has over 40 years of legal experience as a personal injury attorney. Last modified date indicates the date this page was last revised.
If you’ve never been to a trial before, your understanding of the legal process may be limited to the exciting courtroom scenes you see in movies and TV shows. Because of this, accident victims may assume that all cases go to trial and be confused about how to file a personal injury claim or how the process works. The truth is that most claims are settled in a courtroom.
How Long To Sue For Personal Injury
Not all cases warrant the involvement of a lawyer. At Brown & Crouppen Law Firm, the first step is to understand the circumstances and gather information about your accident. This is done during the free consultation, which can be completed through an in-person meeting, phone call, text message, filling out the free case review form or through our online chat. If your case would benefit from the involvement of a lawyer, we provide information on how a lawyer can help you, including how to gather evidence, document and properly manage a claim.
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If, after your initial consultation, an attorney finds your legal situation complex enough to warrant legal representation, the next step is to sign a contract, which formally establishes the attorney-client relationship and documents your agreement to have the attorney represent you. Your solicitor will then explain the nature of the solicitor-client relationship, their obligations to you as a client, their fees and what initial documentation they need from you.
Once you have a lawyer, they will ask you for all the documents you have about your accident, including photos of the accident scene, property damage, your injuries, any medical records and/or receipts for medical treatment, etc. And so on if you have not already provided it in your initial consultation.
In addition, your attorney will investigate all the evidence initially available to him at this time to understand the mechanism of your injury, the extent of your injuries, damages and costs. This also complements initiating contact with the insurance company that insures the party who injured you, and if the other party has retained an attorney, initiate contact with them as well. While all of this is happening behind the scenes, all you should be concerned about is getting the medical care you need, following any medical treatment plan recommended by your providers, and keeping your attorney informed about your medical care that you receive. During this time, your focus should be on healing and getting back to your pre-accident state while your attorney handles the investigation.
As mentioned above, not all cases go to trial. Litigation is seen as a last resort that is only necessary when the parties cannot reach an agreement. This is because trials are time-consuming, expensive and mentally draining for all parties involved. Additionally, once a dispute goes to trial, a jury decides whether you should receive money and how much. Consequently, the desire to avoid litigation leads both parties to enter into a private settlement agreement outside the courtroom.
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Once adequate evidence has been gathered to support your case, your attorney will send a letter of demand to the at-fault party, the insurance company, or their attorney, if they have received one. A claim letter basically explains how you were injured in the accident, the damages you suffered as a result of the accident and how it affected your life. It also requires the at-fault party to pay for your injuries and notifies the insurance company that failure to reach an agreement will likely result in a lawsuit. After the demand letter is sent, the attorney will negotiate with the at-fault party’s insurance company. If the insurance company makes a settlement offer, your attorney will inform you and give you their professional opinion as to whether the settlement offer is reasonable. However, at the end of the day, after considering your attorney’s advice, you ultimately make the decision whether to accept the settlement amount.
Having an attorney help you negotiate and how an attorney negotiates a settlement can have a huge impact on the outcome of a case.
If, after tough negotiations with the at-fault party, the parties cannot agree on an appropriate settlement amount, your attorney may decide to file a lawsuit. The initiation of a lawsuit begins with the filing of a “complaint” or “petition,” and you, as the injured party, are now referred to as the “Plaintiff.” This is the first document filed in court, which is then served (pleaded guilty), which now becomes the “Defendant”. This document contains all the allegations of your complaint, the mechanism of your injury, the nature of your injuries, the damages you suffered, and why the defendant should be liable to you under the laws of your state.
If the defendant has not already done so, receiving notice of the formal complaint should prompt them to hire their own attorney, as they must respond and file an answer to your complaint within a certain period of time – usually 30 days. In its answer, the defendant will admit or deny the allegations in the Complaint and present a defense as to why it should not be liable for the accident or responsible for paying for your injuries.
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After the lawsuit is filed, the judge will set a deadline for each stage of the lawsuit. However, keep in mind that any attorney can ask the court for permission to move the deadlines for reasons that may be beneficial to their client’s case, such as needing more time to gather records or interview witnesses. For this reason, the litigation process can take from several months to several years, depending on the complexity of your claim and the amount of evidence that needs to be gathered.
After the initial court documents are filed, the parties will commit to discovery. Discovery is the process of gathering evidence, which involves taking depositions (examining witnesses and jurors involved in front of a court reporter), subpoenaing documents, interrogatories (written questions to each party), and interviewing other witnesses/third parties who may have knowledge of the facts of your accident
Before trial, the parties will also file motions – formal requests to the court to take action in favor of each party. Motions dictate what each party can and cannot do in the pretrial process. For example, a lawsuit can be filed asking the court to protect your privacy and prohibit the Defendant from investigating any records that have nothing to do with your personal injury claim.
At any point in the litigation process, the parties may request mediation: an alternative dispute resolution involving both parties, their attorneys, and a neutral third party who acts as a mediator or literal arbitrator between the negotiating parties. A mediator is a person with legal experience who can advise both parties individually on the pros and cons of reaching an agreement. This is another method of reaching an out-of-court settlement without having to go through the formalities of a jury trial.
How Long After An Accident Can You Sue For Personal Injury
If, after all discovery has been conducted, motions have been filed back and forth and mediation has not resulted in an adequate resolution, your case may go to trial. Your lawyer will keep you informed in the days leading up to the trial about what to expect, courtroom etiquette and how the trial process works. The standard trial process consists of jury selection, opening statements, witness testimony, cross-examination (examination of live witnesses), closing arguments, jury deliberations, and entry of a verdict.
At trial, your attorney will present the facts of your case to the judge or jury, using evidence gathered during your trial and witness testimony. The defense will then present their case and argue why they should not be liable for your injuries. After both sides have presented their arguments, the judge or jury will determine whether the defendant should be liable for your injuries and, if so, what award you are entitled to.
If a judge or jury reaches a verdict in your favor, the lawyer must first pay any liens (statements from anyone who has a legal claim to your award money, such as doctors who have not been paid in full for providing treatment). After the bonds, attorneys’ fees and case costs are paid, you will be sent a final check as payment. Receipt of the award confirms that the action has been settled definitively.
However, keep in mind that even after trial, both parties may have the opportunity to appeal, alleging an error in your trial, and asking a higher court to review the outcome. Each state has its own specific rules that lawyers must follow and adhere to during litigation. If a comma
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