Getting into a situation where you get hurt and have physical and psychological damage is not easy to go through. If you got into any situation which was not your fault,the consequences might be difficult to navigate. It is very important to know what to do next and how to get the right compensation for the damage and injuries you suffered.
One should be ready to go ahead with a personal injury claim especially when the issue was due to someone else’s negligence. But going through the claim is not an easy process if you are not a patient person. It is natural to wonder how long it will take for the claim to get settled. In this article, we will explain the many factors that impact the total duration for settling a personal injury lawsuit.
Go For Medical Treatment
While collecting evidence on the spot is very important, it is more important to seek medical attention. Immediate medical attention or directly going to the emergency room will have a clear documentation of the injuries which can later be shown in court. It is important to consider this because insurance adjusters will demand prescriptions and receive for the extent of physical injury.
Even if you are feeling fine it is important to get medically treated or tested to see if there is any issue. If you do not go to the doctor the climate justice will assume that the injuries were not serious and there is no entitlement to get a claim. The medical treatment will take some time which can eat up into some of the time for filing a claim.
Choosing a Lawyer
If you want to do everything right, you cannot take this step lightly. Choosing a lawyer is an important step which can impact how the personal injury lawsuit proceeds. Choosing a lawyer will take time and it is important to dedicate some time to research the best options for your claim.
The priority should be to secure the highest compensation which is usually only possible with great negotiation skills. The attorney should have experience in dealing with similar cases as yours. Check this site to look for an experienced attorney to help out with personal injury cases.
In case of a complex claim, it is essential to have a lawyer who has been practicing in the field and knows the legal mandates like the back of their hand. Injuries it is very important to find a form which specifically deals with your particular type of personal injury claim.
Choosing a candidate will require a shortlist by looking through online results and you might also have to interview different options. An initial consultation will let you know about their strategy for your case and how they plan to assist you for the settlement.
The Investigation of the Lawyer
After choosing the right attorney the next step is the investigation so that all evidence is in one place. Some important information is how the incident happened, what was the evidence collected on the spot, and the current medical condition of their client. The medical condition refers to both physiological and psychological damage.
It is important to be upfront during the investigation process so that the lawyer can support you during the settlement. All the bills and prescriptions will be collected in this section along with eyewitness testimonies and the police reports.
This process may take months depending on the severity of the incident and the number of medical treatments an individual has gone through. The process cannot be trusted because all the details should be very clear about the injury history to get a good settlement.
The Negotiation Process
After all the documents are collected, it is time for negotiations to begin. It is tried that the trial does not lead to the court which can be an even lengthier process. Based on the evidence collected the lawyer will have a good idea of what the settlement can be and how much it can be negotiated with the insurance company.
In case of a permanent injury, there is a greater likelihood of having it settled at a good amount. There is a maximum medical improvement (MMI) limit which means that an individual can only improve their health to an extent after being injured.
Usually any good lawyer will wait until the doctor defines the MMI limit. Now the process will depend on when the doctor decides the MMI limit which can be a couple months or some years. So, the personal injury claim will already be at least a year from the date of the incident.
Filing a Lawsuit
After the initial process is done, the lawyer goes for official filing of the lawsuit. Going to try and after increases but still there might be a waiting period of 1 to 2 years. The time for a loss out is also dependent on the state regulations.
Depending on the geographical location there is a time limit within which an individual has to file a personal injury claim after which it will not be taken up in a court of law. Both parties go through the discovery phase where they get to know on what basis the other party will be fighting.
After discovery, the tops of settling start and usually in the case will not reach the court if a settlement is reached. Once the case goes to trial there is no telling how long it will take but the duration depends on the complexity of the claim and the severity of the injuries.
There is no hard and fast rule for the average settlement time because it depends on the complexity of the case. The time variation is common and any lawyer you talk to will let you know the same. It can take at least a few months to one year depending on how the lawyers go about the collection of evidence and negotiation.