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The Process for a Personal Injury Lawsuit

How Long Does a Personal Injury Lawsuit Take? The Process Explained

Have you been injured in an accident? Was the accident someone else’s fault?

It’s often possible to get some of your expenses covered by filing a personal injury lawsuit. Many people think it might be too much of a hassle or take too long. But just how long does a personal injury lawsuit take? 

Continue reading to learn more about the process and timing of a personal injury lawsuit. 

How Long Does a Personal Injury Lawsuit Take? 

Depending on the severity of the injury, a personal injury lawsuit could take a few years to complete. The treatment itself could take anywhere from one month to over a year. And then, one should wait an additional 6-12 months to make sure that there are no recurring injuries or side effects. 

The lawsuit is then separated into different blocks of time. Pre lawsuit negotiations might take one or two months. The lawsuit itself could take 1-3 years to get to trial. And if the trial gives a verdict in your favor it could take an additional 1 or 2 years to receive the funds, as the defendant has the right to appeal. 

First, Seek Medical Attention and Document the Accident  

It’s very important to seek medical attention right away, even if you don’t think the accident or injury is that severe. If you don’t, the insurance adjuster and later a jury might assume your injuries weren’t serious enough to warrant a lawsuit. 

To start the process, document the accident. Take photos of the area, collect witnesses’ contact information, and write up exactly what happened from your and any witnesses’ perspectives.

Contact a Lawyer to Start a Personal Injury Claim Process

For anything more substantial than a minor injury, contact a lawyer to discuss your situation. You should also speak to a lawyer if you have to miss work for more than a few days or have medical bills that are more than a couple thousand dollars.

Find a lawyer experienced in cases like yours. A personal injury lawyer, like brockmaninjurylawyer.com, can help guide you through the process, evaluate the severity of your claim, and determine an appropriate award amount to pursue.

File a Personal Injury Lawsuit

The first step in the litigation process is to file a lawsuit. Each state has its own procedures and statute of limitations. In most cases, it will take one or two years for the case to get to trial.

Personal Injury Claims Discovery

During discovery, each side interviews the people involved and any witnesses. They request medical records, insurance claims, and police reports about the accident. This process often takes about six months to a year to complete.

Negotiating and Mediating Personal Injuries

Once both sides have gone through discovery, they will try to settle the case. They may negotiate it themselves or they may go through mediation.

Lawyers will either negotiate amongst themselves or go to mediation. If a reasonable offer is agreed upon during the negotiations, you can agree to settle the case without going to trial.

A Personal Injury Lawsuit Trial

A trial for a personal injury lawsuit can take anywhere from a few days to several weeks. It depends on the complexity of the case, the number of witnesses, and if expert witnesses are called.

The Process Is There for You

There is no one answer to “how long does a personal injury lawsuit take”. It depends on your circumstances. A personal injury lawyer can guide you through every step and help you get the best settlement possible.

Check out other articles on our blog to learn more about personal injuries and understanding the legal system.

 

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