While most personal injury cases are resolved through a settlement before a lawsuit is ever filed, some personal injury cases go to trial. If you suspect your personal injury case may be heading to a lawsuit, a personal injury lawyer in Albuquerque can give you a better idea about the process ahead.
How Long Does the Average Personal Injury Lawsuit Take?
Unfortunately, there is no “average” personal injury lawsuit or timeline. Some cases may be resolved just after the lawsuit is filed, while others may go all the way to trial or even appeal.
While the timeline can vary, personal injury claims generally follow this process:
- Retaining an attorney – It is important to retain a lawyer’s services as soon as possible in the claims process so that they can take steps to protect your rights and maximize the value of your claim.
- Claim investigation – The insurance adjuster and your lawyer will investigate your claim. They may review evidence, such as:
- The accident report
- Medical records
- Photos or videos of the accident scene
- Witness statements
- Completing medical treatment – Your personal injury lawyer will typically recommend waiting until you have completed medical treatment so that the value of your damages and the impact your injuries will have on your future are known.
- Preparing a demand letter – Your lawyer will collect evidence about how the injuries have affected you and use this information to draft a letter demanding full compensation for the damages you have suffered.
- Pre-suit negotiations – Your lawyer and the insurance company may engage in several rounds of negotiation to attempt to resolve the claim.
- Filing of a lawsuit – If your case is not settled through an insurance claim, your lawyer may file a lawsuit against the defendant. The defendant has a limited amount of time to respond to the lawsuit after they are served with the legal documents.
- Preparing formal discovery requests – Your lawyer may prepare various formal discovery requests to obtain additional information about the case to prepare for trial. For example, your lawyer may prepare subpoenas, send requests for the production of documents, send written interrogatories to the defendant, or conduct depositions. You may also receive discovery requests from the defendant you must respond to.
- Trial – The case may proceed to trial once a judge is available and a jury is selected. Your lawyer can present evidence and witnesses. Your legal team can cross-examine the defendant’s witnesses and make legal arguments.
The case can be settled at any point during the process.
Factors that Can Affect the Personal Injury Lawsuit Timeline
Various factors can affect the personal injury lawsuit timeline, including:
- The current docket of the court where the trial occurs
- The type of case, with more complicated cases taking longer to resolve
- The severity of your injuries as your Albuquerque accident lawyer will want you to reach maximum medical improvement before attempting to settle your claim
- The complexity of the legal issues involved in the case
- Whether there are medical liens or lawsuit expenses that have not been paid
How Parnall Law Can Help
Hurt? Call Bert. Parnall Law has represented personal injury victims throughout Albuquerque and Central New Mexico since 1997. We offer a 100% client satisfaction guarantee and work on a contingency-fee basis, so you have nothing to lose by contacting us today for your free case review.