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Settling A Personal Injury Lawsuit: What You Should Know



Every year, millions of Americans find themselves in accidents that are a result of other people’s carelessness or negligence. You yourself may have been involved in a car accident as a result of another careless road user, at least once. If you fall victim to such an incident, you might talk to your injury lawyer with a plan to file a lawsuit against the culprits. Before you even decide to file a lawsuit, it’s recommended that you have an understanding of how these kinds of trials operate.

In this piece, we will discuss the essential things you should know from this point on.

How long does it take to follow up on a personal injury lawsuit?

           After an accident occurs, for example, there is always the question of how long the lawsuit is going to take. There is never an exact timeframe for the cases. Some cases may drag for months, while others may take even a week. The waiting period is dependent on many factors, such as;

  • Problematic legal or factual issues
  • The case involves a significant amount of money
  • You haven’t reached a point of MMI.

It’s this waiting period that sees most people prefer settling the case outside the courtrooms. Unfortunately, the outside procedure can see you pay for less compensation as opposed to when you would have utilized the services of a personal injury lawyer to walk with you during the trials. Without saying much, here is a guide on how a personal injury lawsuit operates.

  1. Get Medical Treatment

The first and most significant step after sustaining an injury is getting medical treatment. Whether you have sustained psychological or physical injuries, seeking medical treatment is the right thing to do for both you and the case at hand. If you fail to seek medical attention, then the chances are that the jury and the insurance adjuster will assume that the injuries aren’t in any way serious.

2. Get In Touch With Your Lawyer

Today, thousands of employees will sustain injuries from slipping and falling while working in construction sites, for example. If the slides are as a result of the employer’s ignorance or negligence, the employee may seek compensation for medical attention. If you went searching over the internet, you would learn that every other reliable source will tell you that hiring a lawyer is non-negotiable. Having a lawyer take you through the trial period ensures that you receive the maximum compensation for the injuries sustained. When it comes to finding a perfect lawyer to take your case, there are many factors to put into consideration.

For example, an excellent lawyer to work with should be experienced with the kind of situations you want to be represented. You can confirm his or her experience via trial history. It wouldn’t help much if you went to a lawyer who has a zero record. By doing so, you may end up receiving the least compensation as such lawyers are only focused on winning and not your case. Hence, they may woe you into taking a deal that doesn’t match your suit.

Often, you are advised to go to a lawyer who has experience with the kind of case that you present. Hiring such a lawyer means that he or she is in a position to interview you effectively to have a detailed understanding of the accident, injuries, and medical treatments. An experienced lawyer leaves no room for surprises, as details are crucial when it comes to winning such cases.

3. Filing A Lawsuit

Personal injury claims are usually settled outside the courtrooms. This is dependent on the nature of your case. If your lawyer thinks that the case isn’t worth a trial, he or she will make a demand to the other side’s insurance company or the attorney. He or she should help with the negotiations.

If you decide to take your case to the next level, and that’s a trial, there are factors to consider. For example, your lawyer can’t make any demands until you have recovered as much as possible and ended all the medical treatment. Waiting for the plaintiff to reach the point of maximum medical improvement (MMI) helps your lawyer know how much your case is worth. When it comes to filing a lawsuit, the lawyer follows a strict time frame that every state has set in a law that is called a statute of limitations.

4. Trial

Once a lawsuit is filed, your case usually moves to the discovery phase. This is typically a period when each of the parties involved, investigates what the other side’s legal claims and defense are. The two parties may send questions to each other during this phase, which can even be a year based on the court’s deadlines and the case’s complexity. Once both parties understand each other, they may decide to talk about settlement. Although most lawyers settle cases by talking among themselves, they may as well get help from a neutral third-party mediator.

If the case isn’t solved through mediation, it’s scheduled for trial. A trial can last a day, week, or even longer. The length may even increase based on the state or the complexity of the case. Say, for example, in some states, trials are held for half a day. This limited-time can see your case pushed further.

Another thing to note is that the judge’s schedule can as well see your trial date pushed further. Therefore, you must be patient with the time it takes. Your lawyer should help you understand better about the waiting time.

On one occasion or another, you may be a victim of a personal injury as a result of another person’s negligence or carelessness. Regardless of the situation, it would help much if you understood how the cases operate. Explained in this article is everything you must know concerning a personal injury lawsuit. With the information given, the settlement process should be more comprehensible to you. If not, you can always ask your lawyer for anything that is unclear to you.

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