Learn why it can take years to resolve a personal injury claim.
If you have been seriously injured in an accident that was not your fault, the good news is that you are entitled to compensation for your pain and suffering. The bad news is it may take years for you to get it.
Here are some of the key events you will need to wait for as your case progresses towards resolution.
Immediately: Get Medical Care
Obviously, if you are badly injured the very first thing you must do is get medical treatment. This activity kicks off the whole personal injury claim process by proving that you have suffered a serious injury and documenting the specifics of that injury.
Within Days: Call an Attorney for an Initial Case Evaluation
As soon as you are able to do so, you need to contact an experienced personal injury attorney such as Fernando D. Vargas to go over your case. After hearing your side of the story during a free initial case evaluation, Attorney Vargas can advise you as to whether you have a strong case for compensation. If you do, you can hire Attorney Vargas immediately. He will then begin conducting preliminary research into the circumstances of your case and securing all relevant evidence. He will cover all your legal costs for you, to be repaid only when you win a settlement.
Months Later: Reach Maximum Medical Improvement
Although you may begin receiving settlement offers very soon after your accident, you really need to wait until you have reached the point of “Maximum Medical Improvement” before considering any offers. Your doctor will help you estimate when this point has been reached. Depending on the nature of your injuries, it may take months or even years for you to recover. At that point, you will know exactly how badly you suffered and how the injury will affect the rest of your life. Then, and only then, can you properly quantify the amount of your damages including all necessary medical care and all pain and suffering.
Within 2 Years: File a Lawsuit
There is a statute of limitations for filing personal injury lawsuits. Therefore, your attorney will need to file a claim within 2 years of the accident (or the discovery of your injury), even if you have not yet reached the point of Maximum Medical Improvement.
Within Another Year: Conduct Discovery
Your court date will probably be set a year or two in the future. As the date approaches, both your attorney and the defendant’s attorney will participate in the discovery process. During this time documents will be requested and witnesses interviewed so that both sides understand each other’s position.
6 to 12 Months Later: Participate in Negotiation
After completing discovery (which can take 6 to 12 months), the attorneys will probably discuss settling the case out of court. This often happens once the defense sees your evidence and realizes that their chances of winning in court are not good.
Last Step: Try the Case
If negotiations are not successful, the final step to resolving your claim will be to try the case in court. This process can take days or weeks, depending on the complexity of the case and the availability of the judge.
