Many individuals retain legal counsel without having any previous knowledge of the legal system.
A personal injury case is very complicated, and the process from beginning to end may be emotionally taxing.
Unexpected accidents and injuries are distressing. It’s tempting to procrastinate legal procedures, but the sooner you begin, the higher your prospects of recovering damages.
At Shea & Shea Accident Attorneys, we keep in constant contact with our clients to ensure that they are aware of every development in the personal injury timeline. Visit Shea & Shea at https://www.shea-shea.com/
Each instance is unique and unpredictable. You’ll need to gather evidence and prepare for court proceedings, but having an experienced personal injury law company on your side will make it simpler.
What happens in a personal injury lawsuit?
While we can’t predict every scenario that could occur, the following stages give you a rough idea of what to anticipate:
Medical Recovery & Attorney Research
You should always get the appropriate medical attention after an injury. You should always get medical attention even if you don’t feel hurt since problems might develop later. If you are unable to pay for medical care, you should see a lawyer to determine if you may make a legal claim against the person or entity that caused your injuries.
The Initial Investigation Procedure
The initial investigation process starts when the law firm gets the police report. The legal company will next examine treatment records and witness statements. The legal firm will contact treating doctors and hospitals to clarify inconsistencies.
Beginning of Settlement Negotiations
In most circumstances, the insurance provider will attempt to resolve the claim without the use of an attorney by working directly with the insured. Mediation or arbitration follows discussions. If the parties can’t agree, they’ll go to court.
If the victim does not believe the settlement offer is enough, the business will do a final investigation on your case and prepare to file the lawsuit with the court.
Defendants are Served
Following the filing of a lawsuit, the following step is to serve the necessary papers on the defendant in a timely manner.
In most cases, the defendants must receive service of process within 30 to 60 days of the lawsuit’s filing date.
The defendant(s) are usually served papers within 30 days in the typical case.
After being served, the defendant(s) have 30 further days from the date of service to submit their defense documents. Defendants often request an extra 15 days of grace to complete their cases.
Written inquiries concerning what transpired within the litigation’s time frame are submitted to the opposing party. These inquiries are referred to as interrogatories. Normally, replies are sent 35 days after receiving the query.
Defense Medical Exam
It is fairly typical for insurance companies to want their own medical exam. Your attorney should be there if this occurs.
Oral Depositions – Six months after a lawsuit is filed, oral depositions are often taken. Depositions are less formal than court testimony. It entails addressing the opposing attorney’s questions at a lawyer’s office with a court reporter. Depositions are recorded by a court reporter and admissible at trial. Follow your attorney’s guidance to prepare for this.
Hiring and Investigation of Expert Witnesses
If the matter hasn’t resolved and is going to trial, both parties will recruit experts to present their cases.
Each party is required to reveal the identity of their expert witnesses as well as the topic of their evidence.
Expert witness depositions
The lawyers will ensure that both sides have the chance to take further expert witness depositions.
Start of mediation
If talks are still fruitless, the court will ordinarily order a settlement conference to be conducted by a retired judge, who is a knowledgeable, impartial third party. As the parties go on their discussions, the mediator evaluates the case. In most cases, mediation takes place nine to eighteen months into the process and lasts for one day. Two days of mediation may be needed for complicated instances.
Trials typically last 4 days to 2 weeks. Simple non-jury trials may be completed in as little as one day, however complicated cases might take up to two months. Deliberations on the jury might go on for many days or even weeks.
Disbursement of Recovery Funds – After a jury judgment or a successful mediation, any monetary recovery is normally paid to the victim within 30 days.
Personal injury lawsuits that proceed to trial might take over a year from consultation to verdict. Outside of this time frame, many disputes are resolved without ever going to court. The possibility that the defendant may want to settle the case without going to trial increases with the reputation of the legal company you employ.