The personal injury legal process is not a quick one. You may hope that you will have your day in court just months after your car accident, but unfortunately that is rarely the case. Depending on the complexity of your case and the issues involved, it could take quite a while to get your claim to court.
However, how long will it take?
We have asked an attorney, Alaina Sullivan, about the time it takes for a claim to go to court. Here is what she had to say:
Is Your Case Ready?
The first thing that could hold up your case is the issue of your case being actually ready to go to court. Have you healed from your injuries? If you have not been “released” by your doctor, it would not be wise to push ahead towards court.
You need to fully “realize” or know the extent of your damages or injuries so that a dollar amount could be given. Otherwise, you are going much too early.
Discovery Issues
With any litigation, you need to collect evidence, and this is done through the discovery process. If your injuries are serious and extensive, you may need to subpoena medical records and take depositions of individuals regarding your medical conditions. These extra steps can lengthen the litigation time you have.
Further, you may run into issues if the other party is not as willing to work with you in terms of getting discovery back in a timely manner.
You could also run into roadblocks if one of your expert witnesses is difficult to nail down in terms of a deposition or court date.
Congested Court Calendars
Courts are busy. You would be surprised how long it can take to get onto a court’s docket. It can take months to even be set for a pretrial, let alone a full-blown trial. If you have a complicated case that is going to take more than one day to litigate, the court will need to make sure that they have that amount of time in their calendar to hear your case.
The first hearing you receive could be set as a second or third choice setting, meaning your case is in line behind other cases that have been waiting to be heard. If you have a jury trial, that can take longer to set.
Further, you have to go through the entire jury selection process before you can even start your case.
Weighing the Odds
If you are wanting to have your case litigated quickly and move on with your life more than receiving your day in court to get maximum settlement, you may have to weigh what is really important to you. If it is time and efficiency, then you should consider settlement.
You may be receiving less than you would with a court verdict. Ultimately it is up to you how you wish to proceed. You can play the game and take your chances at how long it takes to get to court and get through the litigation process, but keep your expectations low in hoping that it will be a quick process.
Your attorney should be able to help advise you on what you should expect realistically.
Contact an Attorney Today
If you have been involved in a car accident and have questions about the process and how long it will take, you should contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions.
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
