Accident victims have a right to take legal action against individuals who have harmed them, whether their injuries were inflicted due to direct assault or gross negligence. The injuries that you have sustained are likely to have come with additional consequences, such as medical expenses, interference with your regular work, and more.
By filing a claim against the negligent individual, you can secure compensation for these impacts. However, the timeline of the litigation process that follows your initial filing of your personal injury claim can vary in duration, so you may not receive this compensation immediately after the incident.
What to Expect in a Personal Injury Case
Each phase of the litigation process requires documentation and the analysis of said documentation to prove liability and the need for compensation. Because of this, they may each come with unique challenges that can either extend the duration of your case in total, or allow it to proceed smoothly and quickly.
As you build your personal injury case, you will need to work closely with your lawyer and doctor to collect all medical documentation that is relevant to your case. Even this task can take quite a while to accomplish, depending on the severity of your injuries. For instance, if you were paralyzed in a car accident, you will need to undergo a lengthy treatment process before you’re able to file a lawsuit. This way, you can document the full scope of the expenses and the extent to which the injury has impacted your life. On the other hand, a slip and fall accident that resulted in a concussion may not take as long.
Once all documentation is secured, your case will proceed according to the steps listed here:
- Lawsuit. The defendant will have a chance before the trial to offer you a settlement. If the offer is unsatisfactory, you can proceed to file a lawsuit within two years of the incident date.
- Discovery. You and the defendant will share the evidence you intend to present in court. This step can take several months.
- Pre-trial motions. If you are unable to reach a resolution during discovery, you and the defendant can motion to prevent the presentation of specific evidence during trial, or issue a dismissal.
- Trial. A judge or jury will determine liability and due compensation. The average trial phase lasts between one to three years.
- Appeal. If the defendant is unhappy with the verdict, they have the opportunity to file an appeal, which can take between one to two years.
Potential Delays You May Face in a Personal Injury Case
Unfortunately, many things circumstances can contribute to the length of time your case can take to resolve. Examples include:
- Your case may be expensive, which can cause the defendant and insurers to be hesitant or uncooperative in resolving your case.
- The defendant’s legal team may be difficult to cooperate and communicate with.
- Complications may arise in your medical condition, increasing the complexity of your case.
For these reasons, it is essential that you seek a personal injury lawyer’s guidance for your case. Taking on a personal injury lawsuit alone can be a grueling process, but experienced legal representation will ensure that the case proceeds as smoothly and efficiently as possible. Contact a lawyer as soon as possible if you have been injured in an accident and need to initiate a legal claim.
