If you have been a victim of an accident and have an ongoing lawsuit, it is difficult to explain how long it can take or how much is your case worth. In complicated serious injury matters, the cases can have a long delay and require a lot of your time causing financial burdens. A good understanding of the factors that contribute to the time required for a lawsuit can help you remain prepared for what is to come.
Timeline of a Personal Injury Lawsuit
Personal injuries can be caused by auto accidents, medical malpractices, slip and fall, or accidents at work. According to Rutter Mills Injury Attorneys in Virginia, the timeline of a personal injury lawsuit is greatly dependent on how complicated the accident was, were there any major injuries and was it the fault of one party or were several parties responsible for the accident.
Below is a brief timeline of any personal injury lawsuit.
- Before filing a Lawsuit: Before the lawsuit is filed, the plaintiff and the attorney collect evidence and identify the at-fault party. All the parties involved in the accident may try to negotiate and reach a settlement before filing a lawsuit.
- Filing a Lawsuit: If the negotiations fail, the lawsuit is filed to resolve the claim. It is possible to resolve the case even after the litigation begins.
- Preliminary Hearings: This is the discovery phase where both parties share the evidence they have collected and this may sometimes lead to a settlement. If the defendant reviews the evidence and finds that there is a possibility that the evidence will go against them then they may try to resolve the case before going to trial.
- Trial: If the case goes to trial then the attorneys have to present the case in front of a jury and judge who will hear both sides. The trial time can vary from few hours to weeks, months, or years, and depends on several factors such as complexity of the case, settlement negotiations, witness availability among others.
- Appeal: Even after the trial ends, if the losing party believes that the case result was wrongly decided then they have the right to file for an appeal in the court of law. This can add between 1-2 years to the case time.
Factors that cause a delay in an injury claim
There are several factors that can delay the claim like
- Defense attorneys may be dragging the case if the evidence is unfavorable.
- Injury diagnosis and treatment can delay the trial time.
- If a large claim compensation amount is at stake, it could increase the time of the case as each party tries to fight for it.
- Sometimes technicalities in the legal system can increase the case time.
Why should you hire a personal injury lawyer?
At the beginning of the case, you may not know if the case is going to trial or if you will receive an out of court settlement. It is essential to hire a good personal injury lawyer as they can explain the litigation procedure to you and help you understand all your legal options. A well-experienced professional attorney will help you receive fair compensation for the damages and injuries you have suffered and safeguard your legal rights.