No matter how careful we are as we move through the world, accidents and incidents will happen. Sometimes, these accidents happen due to no fault of our own. Luckily, if you’re injured as a result of the negligence of another individual or entity you can seek protection from the law.
This kind of situation is known as a personal injury case. Many injured individuals worry that they won’t get the compensation they need when they need it (namely, now). How long does a personal injury lawsuit take?
It’s a question that doesn’t always have a clear answer. Read on and we’ll walk you through everything you need to know.
Phases of a Personal Injury Lawsuit
If you want to get a sense of how long a personal injury lawsuit might last, it’s important to learn about how an average case might progress. An injured individual will likely visit both an attorney and a doctor immediately after an incident has occurred.
You should know that personal injury law is part of tort law and needs to proceed as such. The attorney will help the individual file a lawsuit with the courts and the opposing entity will receive notification of the lawsuit.
An investigative period will then begin. Lawyers on both sides of the case will gather various sources of evidence. This evidence can take many forms. Video and photos, witness testimonies, a police report, and much more might come together at this time.
Based on this evidence each side will begin to build a case and strategy. They will be in constant communication with one another. Based on the mutual building of evidence, each side will have the opportunity to work towards a settlement.
A settlement is an agreed-upon compensation package negotiated prior to trial. If a settlement is agreed to by both sides of the lawsuit, there is no need for the case to proceed to trial. Many personal injury cases end at this stage.
However, if the two sides cannot reach an agreement the case will go to trial in the courtroom.
How Long Does a Personal Injury Lawsuit Take?
Not all personal injury cases will proceed on the same schedule. A variety of factors go into the timeline of a case. The complexity of the matter at hand will elongate the whole process.
A case that requires more evidence to make a clear strategy will add up during the investigation period. It can take many weeks to gather witnesses and properly depose them. Things can only proceed as fast as people are available.
These cases will likely take longer during the trial phase as well. Particularly complicated cases could take weeks or even months in the courtroom alone, all this isn’t all that common.
The famous Liebeck vs. McDonald’s case took quite a long time, for example, but eventually, a very large compensation package was awarded.
It’s best to speak to your attorney about how long your particular case might take. At the very least, you should expect the entire process to last a few months.
Understanding Personal Injury Lawsuits
How long does a personal injury lawsuit take? This is the question on the tongue of anyone who’s been injured and needs compensation to help them pay their bills. The above information can help.
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