After suffering a personal injury, what can you expect from the litigation process? Find out in this personal injury lawsuit timeline.
Did someone else’s negligence recently cause you to sustain injuries? About 124 million people visit the ER each year. Of these, 42 million visit with injury-related problems.
If you sustained serious injuries, don’t hesitate to contact a personal injury lawyer. Your personal injury settlement can cover the cost of your losses. Otherwise, you’ll need to pay for everything out of your own pocket.
How long will the process take? Read on to learn more about the personal injury lawsuit timeline.
The Accident
A variety of incidents can lead to personal injury cases, including:
- Auto accidents (car, motorcycle, bike, truck, pedestrian, etc.)
- Medical malpractice (medication error, surgical error, misdiagnosis, etc.)
- Premise liability (slip and fall accidents)
- Animal bites
- Elderly abuse and neglect
In each of these situations, someone else’s negligence supposedly caused you bodily harm. You need proof of their negligence and the damages they caused.
After an incident, take photos and capture video of the scene. Try to determine what caused the accident.
For example, maybe you slipped over a loose wire in a restaurant. Maybe someone was drinking and driving before slamming into your vehicle. At a car accident, take photos of:
- The position of both vehicles
- Damage to both vehicles
- Skid marks
- Your injuries
Always contact the police at the scene of the accident. File an official police report to create a record of the incident.
When speaking to the police, stick to the facts. Don’t blame the other party, apologize, or embellish.
Get the contact information of all parties involved and any witnesses. Your personal injury lawyer can contact witnesses later.
Our Team Is Here To Assist You Every Step Of The Way.
SPEAK TO AN ATTORNEY TODAYSeeking Medical Treatment
Visit a doctor immediately after sustaining an injury. The doctor’s assessment can strengthen your case. Keep a record of your:
- Doctor’s visits
- Medical expenses
- Medications
- Surgeries
- Doctor’s reports
Visiting your doctor will ensure you receive treatment right away. The adrenaline could mask a catastrophic injury. You may not experience obvious symptoms immediately after an accident.
In a single year, Americans sustained 62 million injuries. These injuries reached $1,225.4 billion in costs. Keep track of all bills relevant to your case.
If you fail to visit the doctor and file an insurance claim, the adjuster may argue your injuries weren’t serious. Keep a record of your symptoms after leaving the doctor. Schedule follow-up appointments to prove that your symptoms are long-lasting.
Consulting a Personal Injury Lawyer
Contact an experienced personal injury lawyer as soon as possible. Their expertise can help you make informed decisions about your case. They can protect your best interests.
The other party’s insurance company will not have your best interests in mind. They’ll want to pay as little as possible for your personal injury settlement.
The insurance adjuster may use something you say out of context to prove that you’re partially to blame for the accident. Don’t speak to the adjuster on your own. Refer them to your personal injury attorney.
Choose an attorney who specializes in cases similar to yours. Confirm they have local experience. Their knowledge of local laws, regulations, and procedures will strengthen your case.
You should call a personal injury attorney if you:
- Suffered a significant injury
- Have losses totaling over a few thousand dollars
- Are being blamed for the accident
Hiring an experienced attorney will give you peace of mind. They’ll protect you from a cross- or counter-claim.
The Investigation
Your lawyer will interview you to learn about the accident and your injuries. Answer their questions as honestly and completely as you can. Surprises won’t help your case.
Your lawyer will assess your medical records and bills. After reviewing the evidence, they’ll determine the complexity of your case. They can help you review the pros and cons of each legal option.
Your lawyer may hire an investigator to:
- Locate and interview witnesses
- Track down surveillance videos
- Find more evidence
They may consult experts. For example, a financial expert can help calculate your current and future losses. Calculating the extent of your losses will ensure you fight for the compensation you’re rightfully due.
Settling
Many personal injury claims are settled before lawyers need to file lawsuits. Your lawyer won’t make a demand until you’ve reached your maximum medical improvement (MMI). At this point, you’ve ended all medical treatment and have recovered fully.
At the point of MMI, your lawyer will know how much the case is worth. Don’t file before reaching your MMI.
The entire personal injury settlement process can take between a few months to a year or more. You may receive a settlement in a month or two if:
- There’s enough liability insurance coverage
- The insurance company isn’t challenging your injuries
- The insurance company accepts its client was completely at fault
- You’ve made a complete recovery
- Your injuries are minor
Filing the Lawsuit
The personal injury litigation process begins when your lawyer files your personal injury lawsuit in court. You must meet the strict time limit set by your state’s statute of limitations. In Oklahoma, there’s a two-year statute of limitations for injuries.
The Discovery Phase
During the discovery phase, each party investigates the other side’s claims and defenses. Each party will:
- Send interrogatories
- Send document requests
- Take depositions
This process can take six months to a year.
Mediation
After discovery, lawyers will discuss a personal injury settlement. They may decide to go to mediation (an alternative dispute resolution process). This could take a day or two, but there’s no guarantee both parties will come to an agreement.
The Personal Injury Trial
If mediation doesn’t work, you’ll schedule your personal injury trial. Trials can last a day, week, or longer.
The exact timeline for a personal injury trial can vary based on the unique circumstances of your case. Your personal injury lawyer can give you a more accurate timeline.
Discuss Your Personal Injury Lawsuit Timeline
The next time you’re in an accident, contact a personal injury lawyer. They’ll walk you through the personal injury lawsuit timeline for your case. With their help, you can fight for the full amount of compensation you deserve.
Our lawyers at BDIW Law have a strong track record of successful verdicts and settlements. We’re committed to advocating on your behalf.
You’ll receive 24-hour support and won’t pay unless we win your case. Contact us for your free case evaluation today.
