Personal Injury Settlement Timeline
Regardless of how an injury claim develops — many results from slip and fall incidents and vehicle accidents- the vast percentage of these claims will settle out of court before any civil trial. In most personal injury situations, the parties will strike an agreement before filing a suit.
Typically, each case is distinctive. But all follow a typical personal injury settlement timeline. These comprise the following:
- First Consultation with Lawyer: The first meeting allows the lawyer to analyze the person’s injuries and explain their legal alternatives and whether or not a suit is necessary. If you have experienced a significant injury, you could have considerable medical costs and lost earnings. You should not be obligated to pay those bills if somebody was careless and triggered the harm.
- Starting The Case: A lawyer could advise you if you have the legal right to seek reimbursement for your damages. It is a good idea to provide your attorney with any accident documentation relating to your case, such as the police accident report.
- Case Investigation: Once you have hired legal counsel, your attorney will probe the incident and collect your health records and other proof to back your case. If your lawyer thinks that your claim could settle, they will send a demand letter to the at-fault entity or the insurer advocating the at-fault party.
- Demand Letter: The demand letter will not be issued till you have obtained maximal clinical recovery and the total cost of your injury has been assessed. The demand letter describes your complaint and asks for reimbursement for all of your accident-related damages.
- Negotiating a Settlement: The insurer might deny your claim, admit liability, or counter-offer in response to the demand letter. Negotiations for a settlement could take several months. In talks, it is critical to be backed by an expert personal injury attorney. Else, determining if a proposed settlement is acceptable could be challenging. If you cannot achieve a settlement, your lawyer will discuss the possibility of bringing a suit. It is crucial to remember that even after a suit is brought, you could attain a settlement.
- Discovery: Following the filing of a suit and the defendant’s response, the two parties will commence the discovery phase. It entails taking sworn testimonies from possible witnesses regarding the matter. An expert lawyer will prep you for the kinds of questions you will face during the deposition.
Based on the complexity of the matter, the discovery period could last six months to a year. Settlement negotiations could begin towards the end of discovery once both parties have a thorough understanding of the evidence. To establish an agreement, the attorneys could negotiate directly or through the employment of a neutral mediator. Claims settle more often than they proceed to court.
- What Occurs During a Trial: If a personal injury matter is not settled or handled by the court through motion, it could be prepared for trial. Even after a trial date is set, the matter could still be resolved. If the suit proceeds to trial, it will be presented to a jury or judge.
If the matter is complex, the trial could span several days or more. The trial comprises introductory speeches, jury selection, cross-examination by the opposition party, closing arguments, witness testimony, and more. The jury will deliberate on the evidence before reaching a decision.
- Collecting Damages Award or Filing An Appeal: If you prevail in your personal injury claim, the court could grant you compensation for the damages you have unlawfully incurred. At times, based on the particular specifications of your case, the defendant or complainant may wish to appeal the jury’s decision.
Contact an Experienced Personal Injury Attorney
Obtaining compensation for a personal injury case is not always straightforward. Defendants often tend to deny or shift blame, whereas insurers are likely to undervalue claims. Thus, if you are a personal injury victim in Arizona, it is best to talk to a Yuma Personal Injury Attorney about your case. Request an initial consultation today through mobile or request online to get started!