Personal Injury Lawyer
Helen Bell advises how a personal injury lawyer can help you meet your claim timelines.
Personal injury claims take time. They are not a one-time process, and it would help if you exuded patience. If you are not patient, you can mess things up. 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 Your Medical Doctor
Get medical help. Do not wait too long before seeking treatment for your injuries. It is crucial for your health and safety. Plus, it is essential 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. They 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. They 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. The attorney will also review your medical records and negotiate with the insurance adjusters on your behalf. Injury lawyers in Teaneck, New Jersey, will represent your best interests if a lawsuit is needed.
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 proper steps are taken to ensure that you receive the settlement you truly deserve. Once consulted with your attorney, 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. A settlement offer will be made once the insurance company has carefully evaluated your medical reports. Your attorney will accept or reject the offer depending on the amount offered. If you feel it is not a fair settlement, file a lawsuit.
If negotiation with the insurance company does not work, you will have 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. It usually starts once a lawsuit is filed and all counterclaims and responses have been filed. During this phase, each party might be required to provide written answers.
Another way to collect information during this process is through depositions. After filing your case, you can issue subpoenas for police reports, medical reports, and other relevant evidence.
In this phase, the main goal is to gather documentary evidence that will be utilized at the trial. It usually lasts 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.
Regarding court proceedings, both parties must often 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 it 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. It is particularly true if the other party proves you are partly to blame for your injuries. If this happens, your award might be significantly reduced. Your compensation will be decreased by an amount equal to your liability percentage.
If you were injured in an accident, you have a valid personal injury case. Your attorney will be responsible for filing the claim and guiding you throughout the trial. Besides, they 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 file their injury claims out of court.
You must try different dispute resolution proceedings if you choose to go to court. For instance, you may have to try mediation. It 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 should 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 from a few days to 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 ensure that you have strong evidence to support your claim. It 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. However, you must hire a professional attorney to negotiate on your behalf. But you might have to take your case to court if you are seriously injured. 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 significantly improve your chances of convincing the defendant to settle the case without going to court.
You might have to take your trial case if negotiations fail to work. It is usually a hectic and time-consuming procedure. However, it can help you receive maximum compensation for your damages. So, be patient. Do not be in a hurry to settle your case. It is better to wait 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. It will help you get compensation for your pain and suffering. Hiring a personal injury lawyer can be of great help. They will be responsible for filing the case, managing all associated aspects, ensuring you meet deadlines, and guiding you through the process. Moreover, the attorney will ensure the proper steps are taken to receive your deserved settlement.
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, look for a licensed lawyer. They 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 and justice you deserve. It is typically done through counselling, oral arguments, and advocacy. If both parties fail to agree during mediation, the case is usually taken to court.
Personal injury attorneys are expected to observe strict legal ethics principles when carrying out their duties. While the guidelines might vary from one state to another, each attorney is scheduled to assess legal issues while 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. You can still do so much to improve your quality of life. You might have a valid personal injury claim if you can prove that the other party is liable for your injuries.
But to do this, you must 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 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.
You might have to file a lawsuit if you cannot settle with your defendant's insurer. In most states, a personal injury claim must be filed within twenty-four months of the incident. Resolving a personal injury claim may take longer, but it is 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 clearly stating your legal claims. Once that is done, the other party will respond to your complaints, and if necessary, they will file their counterclaims. If a counterclaim is filed, your lawyer will respond to it.
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 proper 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 essential. That is why you must understand all the processes involved—including the timelines. The above guide contains everything you should know regarding personal injury claim timelines.
Page Reference
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- 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.