If you are thinking of filing a personal injury case, it may be interesting to know how the timeline of the process work. So before you go ahead and hire a personal injury attorney, here’s a look at the phases of a normal personal injury lawsuit.
This is the very first step the victim has to go through. Getting medically tested and then treated should be done as soon as possible after the accident has taken place. This is important legally because if you don’t seek treatment after the incident, an insurance claim adjuster may argue that you were not sufficiently injured and hence did not require treatment.
Hire an Attorney
Hiring an attorney will put you in a better position when you fight a personal injury case. Do this soon after you decide to file a lawsuit.
Send Demand Letter or File Insurance Claim
The third step will have you take proactive action to file a case for your predicament. It may be sending a letter of demand to the person whom you think is responsible for the accident or it may be an insurance claim you make against the insurance company.
If it is an insurance company you will be filing against, the insurance claim adjuster will establish a case on the company’s behalf. It is the job of the insurance claims adjuster to get as much information as possible about the case. This may involve interviewing you, the other party as well as witnesses of the accident. It is a good idea to give the interview only after you speak to your attorney about whether it is necessary.
Settlement of Case
If the insurance company and yourself can decide on a settlement, the case is over after you get paid the compensation. However, if you decide that the compensation is not enough and you could do better, then it may be necessary for further steps.
File a Lawsuit
If a settlement does not get reached, you get to file a lawsuit with the help of your attorney. Now it is up to the courts to decide.
When the matter goes to court, there will be discovered where the other party is allowed to get its information from everywhere to build their case. With written correspondence and depositions, the discovery of the facts of the case is made by both parties.
The phase can last anything between 8 and 9 months and maybe more.
Go to Trial
The last step is where the case goes to trial. This is usually after another attempt is made at settling. Getting your injury case tried by a jury or judge may be the best course of action. The trial gets over when the case gets decided for or against the victim.
As you can see, there are many phases for a personal injury case. To make sure you get the best legal help possible, it is necessary to hire a very good attorney.