How Long will it take for a Personal Injury or Accident Lawsuit

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Road Rage Caused my Injury
ROAD RAGE CAUSED MY INJURY
August 17, 2020

How long will it take for a Personal Injury or Accident Lawsuit? Injury and accident lawsuits have no set timeline for completion. Most cases cannot be resolved until the injured party has finished treatment or reached maximum medical improvement, even if they will require future treatment. Usually, for what is called a soft tissue injury  (i.e. no broken bones, or severe damage to the spine or other body parts, but pain in the soft tissues) treatment can go between 4-8 months, after which time pre-litigation negotiations take place. If the case can be resolved for a fair and reasonable sum consistent with the fair market value of the case, then the matter is settled and comes to conclusion often within a few months of the client completing treatment.

Other cases can go on much longer if the client is still treating with severe injuries requiring more intensive medical treatment, and/or if the parties are not able to negotiate a fair settlement for the fair market value of the case or above the fair market value. When this occurs, a lawsuit is filed and the case proceeds through the court litigation system. Many personal injury claims are able to come to a settlement before reaching a full-fledged trial. A case that goes to trial often takes longer delayed by backed up court dockets.

At Tindall Law Firm we make sure to prepare your case for trial, while still negotiating the matter along the way to obtain the quickest resolution possible, while still ensuring the client is fairly and justly compensated for his or her injuries, harms and losses.

No two cases are ever exactly the same, so each has to be treated individually to assess the prospects of the length of time it will take to resolve the case. Who the at fault insurance company is also often dictates how long it will take to resolve a case. Our law firm is very experienced in handling these matters and has good information on how each insurance company handles these cases, and other relevant factors, which allows us to give a pretty good estimate of how long the case will continue. However, there is no exact science to predicting how long a case will go, since there are so many moving parts that can impact this.

A PERSONAL INJURY CASE RESOLUTION TIMELINE

Below is a summary timeline that standard cases follow:

  • We meet for a consultation to discuss  your potential case, your options and review viability of case;
  • After our law firm is retained on a contingency basis (meaning you do not pay us any fees up front, but we are paid a fee and our cost of litigation that we advance on your behalf, after we successfully resolve your case out of the amount we obtain for you), we will begin an investigation and look into your accident, hire an investigator if required, hire other experts, obtain witness statements, photos and video if relevant, gather your medical records and reports, and your lost wage information and any out of pocket accident related expenses you have incurred.
  • After treatment is completed then our office will send a demand letter to the at fault insurance company, detailing the legal basis for your claim and setting forth the injuries, harms and losses you have sustained;
  • Negotiations will then be conducted by our law firm with the at fault insurance company to attempt to achieve a pre-litigation reasonable settlement that meets or exceeds the fair market value for that particular type of case. If this fair market value standard is met by the insurance company and the client agrees then the case is resolved without the necessity of a lawsuit. If a reasonable fair market value cannot be agreed upon with the insurance company, then a lawsuit will be filed.

WHAT HAPPENS AFTER WE FILE A LAWSUIT?

Once the lawsuit has been filed the period of discovery begins. Attorneys for all sides will serve written questions, which are called interrogatories, on each party to learn more about the case, and then they will conduct depositions of the parties. This is a process where the parties testify in the presence of a court reporter, with the attorneys asking questions.

Once the discovery period is over, there will be a court ordered conferences to attempt to resolve the case short of a trial. A trial date will be set if parties involved cannot come to an agreement. On that date your claim will be presented before a jury with a judge presiding to oversee the process. We prepare every case we take as if it is going to trial, specifically to ensure that our clients receive the fairest compensation they deserve if, despite our best efforts, a settlement cannot be reached on just terms for our client.

If you need a personal injury lawyer in Waterbury, please contact Tindall Law Firm at 203-755-0018 to schedule your no-obligation, no cost consultation today.

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