As your personal injury compensation lawyer, if we’re unable to reach a fair settlement, the next step is to file a suit in court. While it adds to the time, it could ensure you get fair compensation for your injuries. Here’s what you can expect if your personal injury claim goes to trial:

• Complaint And Answer Phase: During this phase, your personal injury lawyer will detail your allegations, explain how you got injured and the extent of the injuries and other damages. The complaint was filed in the county where you were injured. After the complaint, the defendant must respond within 30 days. In their “answer,” the defendant denies or admits to the allegations of your complaint.

• Discovery Phase: Parties provide documents, evidence, and any information concerning the case. This can also include depositions of witnesses and experts who are questioned by your personal injury settlement attorney.

 

• Motions Phase: Motions can be filed before or after completing discovery, usually by the defendants. They may ask the court to dismiss some of your claims or the entire case. If a motion is filed, your attorney has to respond and oppose the motion within 28 days. In some instances, a hearing may be held.

• Mediation: Mediation can be requested at any point in the case proceedings. During mediation, both parties and their attorneys work with a neutral mediator. They present their case and try to come to a settlement. If mediation does not work, then the case goes to trial.

• Trial: When the trial starts, your personal injury attorney will present your case to the judge and the jury. The defendant will also put on their defense, and after arguments, the judge or the jury will determine liability. If the defendant is liable, the damages will also be determined.

• Post Trial: Your personal injury lawsuit does not end with the judgement. The defendant may decide to pursue an appeal. If an appeal is not brought, the compensation can be paid out.

How Long Do Personal Injury Lawsuits Take?

On average, personal injury lawsuits take longer compared to settlements out of court. It could take months to a year for the case to complete or even longer if the defendant files an appeal. Here are some of the factors that determine how long your personal injury lawsuit will take:

• The Type Of Case: Some types of personal injury cases are more cut and dry, while others, mainly commercial ones, require more time to sort out the legal issues.

• Number Of People Involved: Multiple victims or defendants will only complicate the details of the lawsuit. With more people, there are more concerns that must be addressed, increasing the timeline of the lawsuit.

• Liability: Determining the at-fault party in a personal injury case is critical. If there are questions about liability, the case will most likely be drawn out. If liability is determined and evident, the case could be closed sooner.
• Type Of Insurance Coverage: The type of insurance coverage involved in your case will also affect the timelines. Commercial insurance companies are more motivated to defend or delay the process due to the value of the payout compared to minimum policy coverage.

Let us handle the litigation while you focus on healing.

Is the back and forth with insurance companies not seeming to make headway? Or you simply want to try a more aggressive approach to get your compensation? The Emory Law Firm in Charlotte, NC, is ready to help. We understand that personal injury lawsuits can drag on for months and even years, but our dedication and commitment to getting you maximum compensation remains the same. 

You can contact our office at (704) 324-8500 to talk to a qualified professional and get a free assessment of your legal needs. We take each case personally and devote our time and resources to ensuring our clients get the best outcome.