The duration of personal injury cases differs from one case to the other. This is because many factors determine how long a particular case would take. However, most cases take six months to two years to get settled. In case you’re dealing with a case of domestic violence, you can consult Jensen Family Law in Mesa.
To help you further understand the process involved in a personal injury claim and why it takes that long. We will be breaking down what personal injury cases entails and also talk about some of the factors involved.
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Stages Involved in a Personal Injury Case
Each personal injury case comes with a unique process; however, they are specifically designed to ensure you get the best from your injury claim. Below is the process you should expect.
Medical Treatment
Medical Treatment is the first stage in the process of filing a personal injury claim. It is used to establish that you were injured and to get medical care related to your injury. Your insurance company will use the report you get from the medical treatment to determine your level of claim.
Meeting with a lawyer
The next stage is meeting with a lawyer. How experienced your lawyer is, determines to a large extent, the success of the case. Schedule a meeting with a professional Lawyer, and ensure you have a good understanding of the case. Your lawyer will request evidence, like photos, videos, and eyewitnesses, to prove that your injury was caused by someone else.
You should also provide documents that show how much money you lost as a result of the injury. Your lawyer will want evidence showing how much money you lost due to medical expenses and other costs associated with your injury. The entire stage can take months.
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Negotiating settlement
It’s important to have an experienced lawyer who can help you get the compensation you deserve for your pain and suffering. If you have suffered an injury and are considering filing a personal injury claim, it is important to understand that most cases settle before they go to trial. A lawyer can help you reach a fair settlement with your insurance company or other parties responsible for your accident.
Filing a Personal Injury Lawsuit
This stage is known as the litigation phase. Different states have different time frames for the litigation process, but generally, it takes one to two years for the case to get to trial. Note that regardless of the state where your accident happened, there is a statute of limitations that limits when legal action can be taken against another party for injuries caused by that party’s negligence.
Discovery phase
The discovery phase begins when a case is filed. During this stage, both parties exchange interrogatories and document requests. This is followed by the depositions of all relevant parties and witnesses, generally starting with the plaintiff and defendant. Depending on the complexity of the case and the court’s deadlines, the discovery phase can last six months to a year.
Mediation
During the discovery period, both parties exchange information and discuss how to resolve the dispute. Sometimes lawyers settle by talking among themselves. However, if they are unable to reach an agreement during this time, they will go to mediation, a process in which both clients and lawyers seek help from a neutral third-party mediator to try to resolve the case.
Trial
The trial phase begins when you file your injury claim with the court. This is the last stage of a personal injury claim, and it’s where you will have your case heard before a judge or jury. It occurs when the mediation process has failed. The process can take a day, a week, or even longer.
Factors That Affect the Duration of a Personal Injury Case
Several factors influence the duration of settling a personal injury claim. However, the two most important factors are the eagerness of the victim to settle and the extent of injuries. Other factors are listed below:
- The defendants were involved.
- Unclear questions or evidence.
- The victim’s fault in the course of the accident.
- The victim’s desire to see the case through to trial.
Although you can’t be so precise about the duration of your injury case, on average, it usually takes around six months to two years, depending on the factors stated above. However, one effective tip to speed up the entire process is to hire a professional Lawyer. They will make things easy for you.
