How long will a personal injury claim take?
Being injured can be traumatic and then figuring out what to do next adds more stress to the situation. Personal injury attorney work diligently to settle the case as soon as possible. Some cases can take years especially those where there is permanent injury. Smaller personal injury claims can be resolved within a few months. JML Law is staffed with experienced Los Angeles personal injury attorney that can look over your accident and determine the best plan of action.
Medical Treatment
Before anything else, seek medical treatment for your injuries. This is crucial to your health and to your case. Insurance adjusters will argue about the seriousness of your injuries if medical attention is not obtained within the allotted time period. If the case were to go to trial, the jury may also find that you could not have been seriously injured if you waited so long to seek help. This will also help the lawyer determine if there is a case.
Discussing the case with a Lawyer
Find a Los Angeles personal injury attorney to discuss the incident. The attorneys at JML Law have years of experience related to personal injury cases and can help you decide the best route to take.during an initial consultation, the attorney will interview you about the accident, medical treatment sought and will need a little background about yourself. It is important to be forthcoming with all information because the lawyer does have your best interests in mind and is seeking all this information to win the case. If you are not initially forthcoming and they later find information to the contrary, this can harm your case. After the interview is complete, the attorney will ask for all medical records related to the injury as well as documents about your medical history. The personal injury attorney in Los Angeles will review the documents and determine how to proceed.
Making a Demand and Negotiations
At this point, the personal injury attorney will have a clear idea whether to drop the case, settle or file a lawsuit. Smaller personal injury cases are usually settled outside of court. Your personal injury attorney will file a demand with the other party's insurance company or corresponding attorney. A lawsuit will be filed without question if the incident caused permanent injury or impairment. These types of cases will take longer especially when waiting for you to reach maximum medical improvement. The payout is much larger in this instance and will prevent the jury from undervaluing the case if you have not recovered entirely by the time the case goes to court.
Lawsuit
A personal injury claim can take one to two years after being filed before going to trial. The first six months to a year will consist of both attorneys collecting depositions, interrogations and any relevant documentation. The amount of time spent on discovery depends on the complexity of the case.
Mediation and Trial
Los Angeles personal injury attorney will attempt mediation with the rival attorney first. If a settlement cannot be reached they will bring a mediator that will attempt to come to a settlement between both clients and both personal injury attorneys. When mediation does not work, the case will go to trial. The trail can last days, weeks or months depending on the court, judge and case.
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