What is the Timeline for a Personal Injury Lawsuit?
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It can take time for a personal injury lawsuit to unfold. It’s important to have realistic expectations when you first contact an attorney about your case.
In many cases the entire case will take about a year and a half from the day you first talk to the lawyer to wrap itself up.
You’ve read about the statute of limitations. That two year deadline is the date that you have to actually begin litigation. Litigation doesn’t begin until your attorney files a claim with the court and has the defendant served. The complaint outlines the alleged negligence on the part of the defendant, the reasons why the defendant is responsible, and the relief the plaintiff is asking for. Until those things happen you do not have a case.
That means if you spend 3 years arguing with the insurance company yourself before you go to a lawyer you’ll be out of luck. You’ll be outside the statute. The case does not begin when you begin trying to get paid. It begins when a lawsuit files.
Once we file the lawsuit your attorney will begin investigating the facts of the case. That means speaking to witnesses and taking depositions. It also means getting all the relevant documents, including: contracts, medical records, maintenance and repair records, and more. We may also hire expert witnesses if we need to.
This portion of the case is known as “discovery” and it takes months to do properly.
At any time after launching the lawsuit the insurance company may opt to settle. If we can get the insurance company to agree to a fair settlement and you agree to accept it then the case will go a little faster. Settling is usually less risky than going to trial.
Yet some cases have to go to trial. While the trial itself may take less than a month to complete, it’s very important to work with attorneys who have a track record of fighting for their clients in court. If you lose at trial, you won’t get any money.
Note that there are always some factors that can make a case take a lot longer. For example if you have a lot of pre-existing conditions then the insurance companies will fight you. They don’t want to pay for injuries their named insured didn’t cause. There may also be a dispute of liability: that is, they may claim the accident was your fault, rather than their insured’s.
One thing that can speed the process along is hiring an experienced trial attorney. Insurance companies absolutely do pay attention to the track records of various lawyers. When you have a strong one, they are more likely to settle, which can make it easier and faster to bring your case to a successful conclusion.
See also:
How to Increase the Value of Your Personal Injury Claim
Do You Have Grounds for a Personal Injury Claim?
3 Factors that Impact the Value of a New Jersey Personal Injury Claim
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It can take time for a personal injury lawsuit to unfold. It’s important to have realistic expectations when you first contact an attorney about your case.
In many cases the entire case will take about a year and a half from the day you first talk to the lawyer to wrap itself up.
You’ve read about the statute of limitations. That two year deadline is the date that you have to actually begin litigation. Litigation doesn’t begin until your attorney files a claim with the court and has the defendant served. The complaint outlines the alleged negligence on the part of the defendant, the reasons why the defendant is responsible, and the relief the plaintiff is asking for. Until those things happen you do not have a case.
That means if you spend 3 years arguing with the insurance company yourself before you go to a lawyer you’ll be out of luck. You’ll be outside the statute. The case does not begin when you begin trying to get paid. It begins when a lawsuit files.
Once we file the lawsuit your attorney will begin investigating the facts of the case. That means speaking to witnesses and taking depositions. It also means getting all the relevant documents, including: contracts, medical records, maintenance and repair records, and more. We may also hire expert witnesses if we need to.
This portion of the case is known as “discovery” and it takes months to do properly.
At any time after launching the lawsuit the insurance company may opt to settle. If we can get the insurance company to agree to a fair settlement and you agree to accept it then the case will go a little faster. Settling is usually less risky than going to trial.
Yet some cases have to go to trial. While the trial itself may take less than a month to complete, it’s very important to work with attorneys who have a track record of fighting for their clients in court. If you lose at trial, you won’t get any money.
Note that there are always some factors that can make a case take a lot longer. For example if you have a lot of pre-existing conditions then the insurance companies will fight you. They don’t want to pay for injuries their named insured didn’t cause. There may also be a dispute of liability: that is, they may claim the accident was your fault, rather than their insured’s.
One thing that can speed the process along is hiring an experienced trial attorney. Insurance companies absolutely do pay attention to the track records of various lawyers. When you have a strong one, they are more likely to settle, which can make it easier and faster to bring your case to a successful conclusion.
See also:
How to Increase the Value of Your Personal Injury Claim
Do You Have Grounds for a Personal Injury Claim?
3 Factors that Impact the Value of a New Jersey Personal Injury Claim