It is essential to be proactive when pursuing a personal injury settlement. Insurance companies delay settling in hopes of convincing you to accept a lower amount than you deserve. Having a lawyer on your side will protect you from any traps that may hide in the legal procedures of filing a personal injury claim.
The Standard Timeline for a Personal Injury Case
Below we have listed the main steps in a personal injury case. However, it is crucial to mention that each case is unique. Therefore, depending on the specifics of your case, there might be some deviation from the standard. Furthermore, state law also plays a crucial role in this process, as some legal aspects may differ between states.
Getting Medical Treatment
You need to see a doctor to confirm the extent of your injuries. An early diagnosis and treatment plan can go a long way in your recovery. That is why you should visit a doctor if you suspect the slightest chance that you have sustained injuries.
Depending on the severity of the accident, you can go to the emergency room or your doctor. Failing to do so convinces the insurance company that you were not seriously injured, according to a personal injury attorney based in Georgia.
Hiring an Attorney
It is essential to consult or hire an attorney early in the process. Your lawyer will be better able to locate witnesses, view the accident site while it is fresh, and research the other driver’s record. Furthermore, if the other side is making false claims, you will get a headstart on proving what really happened.
The Investigation Process
Your attorney can begin investigating the accident and any points of contention. Your information provides the crux of your case, so it is important to recall all the small details.
Lawyers do not like surprises, so tell your attorney everything – including information that might cast you in a negative light. They will also investigate your injuries from medical records and interview your doctor. Unfortunately, this step can stretch over months in cases of severe injuries.
Lawyers Make Demands
Using the research on your injuries, the lawyer can estimate expenses and damages including future medical expenses. Most attorneys won’t reveal their estimates until you begin to show maximum medical improvement, also known as MMI. However, they usually sue for a larger amount to leave room for negotiations.
Filing a Personal Injury Compensation Claim
Threatening litigation often forces an acceptable settlement offer, but there is no guarantee. In this case, your lawyer files a lawsuit. Each state has different pretrial procedures and filing deadlines. Your attorney will make sure all deadlines are met within the allocated time frame.
The Discovery Phase
After the lawsuit is filed, both sides enter a process called discovery. During this time, both sides investigate the evidence of the other side’s case. They interview witnesses, send interrogatories and take legal depositions. This process can take anywhere from six months to a year or even more.
The Trial
You get a trial date, but that does not mean the trial won’t be delayed for some reason. You might have the opportunity to pursue mediation. This serves as an alternative to a trial, where settlement agreements are often negotiated.
After receiving a verdict in the trial, the case might be appealed by either side. Complex cases can last several years, but your attorney can usually help by finding resources if you need funds. Possibilities for funding include social services, charitable organizations, litigation loans, etc.
Other Key Aspects of a Personal Injury Case
According to a recent study, your case might generate other concerns. Multiple studies have shown that even minor injuries can generate ongoing personal problems. Socio-economic issues rank at the top of the list. Knowing exactly what to expect during the long litigation process has proven effective at reducing anxieties.
Getting Your Case Ready for the Long Haul
Understanding what to expect during a long settlement and trial process makes it easier to cope. You can get tailored advice from your lawyer. This clears the way for pressing proactively for your claim using all the tools at your disposal.
Author:
Sarah Douglas has been passionate about all things related to law ever since she picked up her mother’s gavel. Her in-depth knowledge of the legal field and previous work experience has given her a unique perspective on writing, which she considers a means to help and connect with others.
