Making a Personal Injury Claim: Understanding the Process
Hopefully you never have to make a personal injury claim in your life. On the relatively rare occasion that it does need to be pursued, there is a steep learning curve, as it is a highly variable process that depends a lot on the specifics of each individual case.
In all cases, it is important to follow only advice given by your lawyer, and to avoid deferring to the opinions given by those who lack appropriate legal training. TV and media portrayals of the legal process have contributed to popular misconceptions about the law and how it is applied, so hiring a reputable lawyer is critical.
This post will break down the legal process of a personal injury case into several defined steps. The process can vary significantly depending on the specific factors of your case. Due to this, the overall timeline can take months or even years, so understanding the general trajectory and potential paths a case can take can be helpful when exploring your options.
Reviewing the Statute of Limitations
There are restrictions surrounding how long an individual has to file a lawsuit after an injury. These vary from state to state and statute to statute. In Minnesota, for example, there is a six year statute of limitations for personal injury cases, while medical malpractice cases have only four years in which they must be filed. Your attorney will have the most up-to-date information regarding statutes of limitations, and what applies to your case. It is essential that you contact an attorney right away if injured because the statute of limitation is a critical deadline that cannot be missed.
Pre-litigation & Demand Letters
Settling outside of court is sometimes preferable. It could be that your personal injury claim is covered by the defendant’s insurance policy; or the defendant may choose to settle outside of court to avoid the legal hassle. Your attorney may work with you to send what’s known as a demand letter, which may lead to a settlement without the parties ever going to court.
Filing a Complaint
If a demand letter does not lead to a settlement, then it may become necessary to file a complaint against the defendant or their insurance company in court. Filing a complaint informs the defendant that a lawsuit against them was started. The defendant must answer within twenty days, and the case will proceed.
The Discovery Process
The discovery process involves the collection of information from both sides (defendant and plaintiff). The discovered materials are exchanged between the parties. The information often includes photos, correspondence between the parties and their associates, medical records, medical bills, and relevant video recordings. The process also includes depositions of witnesses where a witness is questioned under oath by the opposing side.
Potential Settlement and Trial
The parties can agree to settle their case at any time during the litigation process. If the case fails to settle out of court, the parties will proceed to trial. A trial can be several days long or even longer; it concludes when the jury reaches a verdict.
For legal counsel for your set of facts, contact the attorneys at Sandberg Haddon LLC.
DISCLAIMER: This article is not intended for and should not be used as a replacement for legal advice.