Tracy Colman  |  December 5, 2019

Category: Legal News

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The length of time between filing personal injury claims, reaching a settlement, or realizing a verdict against the other party can vary from one to three years.There are many questions a person might have prior to filing personal injury claims against another party, but one of the most pressing would be “how long will it take?”  Unfortunately, there is no cookie-cutter answer because there are many types, degrees of severity, and circumstances surrounding injurious incidents.

Because of this, the length of time between retaining a skilled attorney, filing personal injury claims, and reaching a settlement or realizing successful collection from a verdict against the other party can vary between one to three years or longer.

What Types of Injuries Do Personal Injury Lawyers Handle?

According to The Balance Careers, personal injury lawyers handle many types of injuries including but not limited to:

  • Animal bites from pets of negligent owners
  • Car accidents
  • Airplane crashes
  • Bicycle accidents
  • Boating collisions/unseaworthiness
  • Burn injuries
  • Construction accidents
  • Defective products
  • Insurance/bad faith claims
  • Medical malpractice
  • Motorcycle accidents
  • Nursing home abuse
  • Pedestrian accidents
  • Slip and fall accidents
  • Spinal cord injuries
  • Traumatic brain injuries
  • Wrongful death

What is the Main Goal of Personal Injury Law?

As indicated by this article, the main goal of tort law, of which personal injury claims are a part, is to help make the victim whole again by restoring the financial means to heal or a psychological sense of justice. An offshoot of this charge is to discourage repeat offenses by the injuring party against others in the present or future.

What Are the Stages of a Civil Litigation Case?

According to The American Bar Association (ABA), there are typical “stages” to the proceedings of a civil litigation case, although not every personal injury claim goes through each stage As an example of this, many lawsuits end up being settled before they go to trial, so trial and appeal are skipped in these situations. The sequential stages after retaining a lawyer and filing the lawsuit are generally investigation, pleadings, discovery, pretrial proceedings, settlement, or trial or appeal.

What is the Discovery Stage and Why is it Usually Lengthy?

The discovery stage is, as indicated by the ABA, the most time-consuming stage for counsel, regardless of the side they represent. This is where an exchange of information relevant to the case at hand is made by taking depositions, voluntary witness statements, and, if necessary, subpoenaing additional contributors. In addition to statements, police and medical records are often sought and any discrepancies or variances are investigated.

The end of the discovery stage is when all of this is exchanged and the investigation is complete, and the injured party has reached a state where their health has improved to the best state possible, also known as maximum medical improvement. In lieu of this, the attending physician or specialized medical expert can present their prognosis. Discovery takes six months to a year on average but could take even up to two years.

What Happens After the Discovery Stage?

Once the discovery stage is complete, the lawsuit will either proceed to settlement or trial. If it settles, the victim needs to have patience to allow their attorney to negotiate the best financial outcome for him or her. If there is a trial with a verdict against the offending party and they do not appeal, the plaintiff can expect the collection of an award approximately three years after filing their personal injury claims. Finally, there is always the possibility that the trial is decided in favor of the defendant or the case is dismissed by the judge. In either of these scenarios, the plaintiff can attempt to appeal the decision to a higher court.

Get Help from a Car Accident Attorney

If you or a loved one suffered from a car accident injury, you can get help from an experienced car accident attorney who will make sure that you are fairly compensated for your injuries and other damages. Fill out the form on this page for a free case evaluation.

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This article is not legal advice or medical advice. It is presented
for informational purposes only.

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