What to Expect in a Personal Injury Lawsuit
Personal injury cases are one of the most common types of lawsuits in the United States, and if you’re pursuing a claim in Los Angeles, it may be your first encounter with the legal process. The legal system can seem overwhelming, and it’s natural to have questions like, “How long will my personal injury case take?”
At Traumalaw, we want to help you better understand the personal injury lawsuit process and provide you with a general timeline so you can be prepared for what’s ahead.
Choosing a Personal Injury Attorney
Your journey starts by selecting the right attorney. It’s essential to choose a lawyer who is experienced in Los Angeles personal injury law and has a proven track record. For example, if you’ve been injured in a slip and fall at a grocery store, finding an attorney familiar with such cases in Los Angeles County can provide a significant advantage.
Filing the Lawsuit
Once you’ve selected your attorney, they will file the necessary court documents to officially start your claim. This typically involves filing a complaint against the party responsible for your injury, which will set the stage for the legal process to unfold.
Discovery Phase
The discovery phase is critical to building your case. During this stage, both sides will gather facts, including medical records, witness statements, and possibly expert testimonies. This phase might last anywhere from six months to a year, depending on the complexity of the case and the court’s deadlines. Your attorney might also request additional evidence, such as video footage, to support your claim.
Mediation
Before the case goes to trial, both parties often engage in mediation to try to settle the case without going to court. Mediation typically involves a neutral mediator, often a retired judge, who helps facilitate a discussion between the parties in an effort to reach a settlement. This step can sometimes lead to a faster resolution, sparing you the time and expense of a trial.
Depositions
As part of the discovery phase, depositions are scheduled. During a deposition, both parties and any witnesses are questioned under oath, providing additional evidence for the case.
Trial or Settlement
If a settlement isn’t reached, your case will go to trial. While most trials last just a few days, more complex cases can take longer. After the trial, a verdict will be reached, and compensation will be awarded if your claim is successful.
Post-Trial Appeals
Either party can appeal the court’s decision, which can significantly extend the timeline of the case.
Understanding California’s Statute of Limitations
In California, personal injury claims generally must be filed within two years from the date of the injury. Missing this deadline can prevent you from pursuing your claim, which is why it’s crucial to act quickly after an injury.
How to Expedite Your Personal Injury Case
While personal injury cases can be complex, there are several steps you can take to help expedite the process:
- Maintain Thorough Records: Keep detailed records of all medical treatments, expenses, and any correspondence related to your case.
- Communicate Proactively: Stay in regular communication with your attorney to ensure they have all the necessary information.
- Consider Mediation: Mediation or other alternative dispute resolution methods can encourage a quicker settlement, avoiding the lengthy trial process.
What Factors Affect the Duration of a Personal Injury Lawsuit?
Several factors can influence how long it takes to resolve a personal injury claim:
- Complexity of the Case: Cases involving complex legal issues, multiple parties, or severe injuries tend to take longer due to the need for extensive evidence gathering and expert testimony.
- Severity of Injuries: The more severe the injuries, the longer it may take to determine long-term prognosis and medical expenses. Some settlements are delayed until the plaintiff reaches maximum medical improvement (MMI) to accurately assess damages.
- Amount of Damages: Higher stakes cases with significant amounts of money at play often involve longer negotiations or trials as both sides fight harder to justify their position.
- Willingness to Settle: If both parties are open to negotiation, a settlement may be reached more quickly through mediation or settlement talks.
- Legal and Factual Disputes: Disagreements over the facts of the case or applicable law can cause delays in the process.
- Insurance Company Involvement: The approach of insurance companies can impact the timeline. Some insurers may intentionally drag out negotiations, while others may seek a quicker resolution.
- Jurisdictional Issues: Different courts have varying procedures, and some may be slower due to backlogs or other factors.
- Appeals: If either party appeals the court’s decision, this can add months or even years to the process.
A Typical Timeline for a Los Angeles Personal Injury Case
Here’s what a typical personal injury case might look like in Los Angeles:
- Notification and Attorney Retention: This stage can take up to 30 days as the defendant is notified and an attorney is retained.
- Discovery and Fact-Checking: This phase usually lasts several months but can extend longer if complex evidence is involved.
- Mediation: Mediation often leads to quicker resolutions, and many cases are settled here to avoid the lengthy trial process.
- Trial: Trials usually last a few days for straightforward cases but can take longer if the case is complex.
- Appeals: If an appeal is filed, resolving it can take additional months or even years.
- Settlement Collection: Once all appeals are settled, the collection of the awarded settlement begins.
Conclusion
Navigating a personal injury lawsuit can be a lengthy and complex process, but understanding the typical timeline and factors that influence it can help set realistic expectations. Every case is unique, so it’s important to have a skilled attorney by your side to guide you through each phase and ensure that your interests are well-represented.
At Traumalaw, we’re committed to helping our clients achieve the best possible outcomes. If you’ve suffered an injury and need experienced legal representation in Los Angeles, contact us at 866-608-3601. We’re here to help guide you every step of the way.
