Personal Injury Lawyer
Helen Bell provides advice on how a personal injury lawyer can help you meet your claim timelines.
Personal injury claims take time. It is not a one-time process. It takes time, and it would help if you exuded patience. If you are not patient, you can mess up things. Plus, getting the process right is essential. In particular, you need to understand any personal injury claim process's timelines The following guide contains the timelines for pursuing a personal injury claim.
Contact You Medical Doctor
Get medical help. Do not wait too long before seeking treatment for your injuries. This is crucial for your health and safety. Plus, it is important to document the extent of your injuries after the accident. Failure to seek immediate medical care can prompt the claims adjuster to argue that your injuries did not occur due to the collision.
Find an Experienced Attorney
Hire an experienced lawyer. A professional attorney can carefully assess your situation and determine if you have a valid case. He or she will then devise the best plan for you. After reviewing your case, the attorney will advise.
Working without an experienced attorney can be very costly. So, be sure to find a lawyer you can trust. He or she will carefully assess your situation and determine if you have a valid case. Plus, the attorney will advise you on the best course of action. Even more, the attorney will review your medical records and negotiate with the insurance adjusters on your behalf. If a lawsuit is needed, Injury lawyers in Teaneck, New Jersey will represent your best interests.
File an Insurance Lawsuit
If you were injured during an accident, you would want to file a personal injury claim. Although this is a complex process, your attorney will help manage the timeline of your case and guide you through the entire process.
The attorney will ensure that the right steps are taken to ensure that you receive the settlement you truly deserve. Once consulted with your attorney, go ahead and file a claim with the other party’s insurance company. But if the at-fault party does not have insurance, you can ask your attorney to send a letter demanding compensation for your injuries.
Remember, the claims adjuster interviewed you, the other party, and the witnesses about what transpired during the accident. So, be sure to carry your medical records with you. They will serve as evidence and significantly improve your chances of getting maximum compensation for your injuries. Once the insurance company has carefully evaluated your medical reports, a settlement offer will be made. Your attorney will accept or reject the offer depending on the amount offered. If you feel that it is not a fair settlement, then file a lawsuit.
If negotiation with the insurance company does not work, you will be left with no option but to file a lawsuit. In most states, a personal injury claim must be filed within twenty-four months of the accident. Although this process can take longer, it is the only way to obtain maximum compensation for your injuries.
Discovery
The next stage is referred to as the discovery phase. And it usually starts once a lawsuit is filed and all counterclaims, as well as, responses have been filed. Each party might be required to provide written answers during this phase.
Another way to collect information during this process is through depositions. After filing your case, you can choose to issue subpoenas for police reports, medical reports, and other relevant evidence.
In this phase, the main goal is to gather documentary evidence that’ll be utilized at the trial. It usually lasts between eight to ten months. But depending on the case's complexity, the discovery process might even take longer than ten months.
Negotiation and Mediation
The discovery process helps determine which party has a stronger case. And this can typically pressure both sides to settle the case instead of going to court. Since going to trial is very costly, most personal injury claims are filed outside court.
When it comes to court proceedings, both parties are often required to attend and try mediation first. In this dispute resolution process, a neutral party engages both sides in a conversation about the case. If everything goes well, the parties might settle if they reach an agreement. Your attorney will carefully evaluate the proposed settlement to see if it fairly compensates for your injuries and damages.
Court Proceedings
If you find it hard to settle your case, the only reasonable thing to do is take your case to court. In this case, the jury will be responsible for deciding the case and determining how much you deserve to get.
Personal injury trials usually take longer to resolve. And this is particularly true if the other party manages to prove that you are partly to blame for your injuries. If this happens, your award might be significantly reduced. The amount of compensation you would receive will be decreased by an amount equal to your liability percentage.
If you were involved in an accident and got injured, you have a valid personal injury case. Your attorney will be responsible for filing the claim on your behalf and guiding you throughout the trial. Besides, he or she will strive to ensure that you receive a fair settlement.
Another Chance to Settling
Settlement discussions will continue while your case is pending. The discovery process helps to establish which party has the strongest case. And this may pressure both sides to settle the case instead of going to trial. Since court proceedings are expensive, most people opt to file their injury claims out of court.
If you choose to go to court, you will be required to try different forms of dispute resolution proceedings. For instance, you may have to try mediation. This is where a neutral party talks to both sides regarding the case and how they think the jury will resolve it.
During the litigation process, both parties might settle if they reach an agreement. Your attorney will carefully analyze the situation and determine if it adequately compensates you for your injuries.
Going For Trial
If the case cannot be resolved through negotiations, you might need to try it in court. Here, the jury or judge will determine who is responsible for your damages and how much compensation you deserve.
Personal injury trials can typically vary in length from a few days, weeks, months, or longer. If the defendant manages to prove that you were partially at fault, your settlement amount may be reduced. And perhaps you are not ready for that. Then make the right choices for yourself. Do not allow the defendant’s proof to outweigh yours. Try everything you can to make sure that you have strong evidence to support your claim. This will prompt the jury or the judge to rule in your case's favour.
Automobile Accident Settlement Timeline
If you sustained minor injuries, a truck accident settlement could come quickly. But you will need to hire a professional attorney to negotiate on your behalf. But if you are seriously injured, you might have to take your case to court. And this can take longer than you expect. However, this is the only way you can obtain an adequate settlement.
A personal injury case that goes to court can typically last over twelve months. Most cases are settled outside of this timeline before a claim is filed. Hiring a reputable attorney can greatly improve your chances of convincing the defendant to settle the case without going to court.
If negotiations fail to work, you might have to take your trial case. And this is usually a hectic and time-consuming procedure. However, it can help receive maximum compensation for your damages. So, be patient. Do not be in a hurry to settle your case. It is better to wait a bit longer and get a higher compensation amount.
What Can A Personal Injury Attorney Do?
Did you get injured in an accident? Were the injuries you sustained minor or severe? Either way, you will need to file a personal injury claim. This will help you get compensation for your pain and suffering. Hiring a personal injury lawyer can be of great help. He or she will be responsible for filing the case, managing all aspects associated with it, ensuring that you meet deadlines, and guiding you through the entire process. Moreover, the attorney will ensure that the right steps are taken to receive the settlement you deserve.
Personal injury attorneys typically have numerous duties in aiding their clients. Once the state bar association licenses them, they can comfortably file claims in court, prepare legal documents, provide legal advice, and argue cases. So, if you have sustained injuries after an accident, be sure to look for a licensed lawyer. He or she will represent you in the case and fight to help you get adequate compensation for your damages.
They also have the sole responsibility to assess their clients' cases. They must identify pertinent issues within your case and collect relevant evidence to build a strong case. Moreover, it is the attorney's mandate to help you obtain the compensation, as well as the justice you deserve. And this is typically done through counselling, oral arguments, and advocacy. If both parties fail to agree during the mediation process, the case is usually taken to court.
Personal injury attorneys are expected to observe a strict set of legal ethics principles when carrying out their duties. Whereas the guideline might vary from one state to another, each attorney is expected to assess legal issues whilst exercising due diligence. They must uphold the onus of confidentiality and allegiance as they execute their mandate. Plus, they should always strive to safeguard their client’s best interests.
Key Takeaway
Were you injured in an accident? Do not worry. That is no;t the end of life. It is still so much you can do to improve your life quality. If you can prove that the other party is liable for your injuries, you might have a valid personal injury claim.
But for you to do this, you will need to provide your medical reports and pictures of the scene. And that is precisely where a good personal injury lawyer like Davis, Saperstein & Salomon, P.C. comes in handy. When it comes to filing a personal injury claim, seeking a professional attorney's help can be highly beneficial. He or she will handle all the complex tasks associated with your case, including gathering evidence, crafting all the paperwork, negotiating with the insurance adjusters, and representing you in court. So, do not stress yourself over things where you have no experience. Hire a qualified attorney and let them handle the case on your behalf.
If you cannot settle with your defendant's insurer, you might have to file a lawsuit. In most states, a personal injury claim must be filed within twenty-four months of the incident. Although resolving a personal injury claim can take longer, it might be the only way to obtain adequate compensation for your injuries and damages. A professional attorney can file a successful claim on your behalf. The defendant’s side will be served with summons and complaints that clearly state your legal claims. Once that is done, the other party will respond to your complaints, and if necessary, they will file their counterclaims. In case a counterclaim is filed, your lawyer will respond to it on your behalf.
In Summary
Personal injury claims involve processes. Thus, do not rush. Be patient. Allow your lawyer to do their job. Do not rush things. Get the process right. Do not skip any step. Follow the right steps. Remember, pursuing personal injury claims is not a one-time process. You need to follow all the steps. Good luck!
The Bottom-Line
When it comes to pursuing personal injury claims, timelines take centre stage. Getting the timelines right is important. That is why you need to understand all the processes involved—including the timelines. The above guide contains everything you should know regarding any personal injury claim timelines.
Page Reference
If you quote information from this page in your work, then the reference for this page is:
- BELL, H. (2021) Personal Injury Lawyer [WWW] Available from: https://www.brianmac.co.uk/articles/article620.htm [Accessed
About the Author
Helen Bell is a freelance journalist.