ADVICE FROM CONSUMER ADVOCATE STAN GREYSON
Personal Injury Case Timelines
THE SIX STAGES OF A PERSONAL INJURY CASE
STAGE ONE. Within the first month, you should have selected a personal injury attorney and started treatment. During this period your lawyer will review the letter you have prepared. The more complete your letter is the more valuable your claim will likely become. A detailed and thoughtful letter will certainly allow your lawyer to quickly ascertain the potential value of your claim.
STAGE TWO. Depending on the seriousness of your injuries, stage two can last anywhere from three to twelve months. Your lawyer should be keeping track of your treatment during this period and collecting all of the documents and medical bills he will need for your case.
STAGE THREE. The third stage begins once your lawyer believes you have reached or are nearing a point of maximum medical improvement (MMI). In this stage, your lawyer will make a demand to the insurance company based on his estimate of the value of your case. The demand will result in a negotiating process whereby the insurance adjuster will explain why your claim isn’t as valuable as your lawyer assumes. Eventually, the insurance company will make a counteroffer and the process will continue until you accept their offer or move to Stage Four.
STAGE FOUR. If you decide not to accept the insurance company’s final offer, your lawyer will file a lawsuit on your behalf. In most jurisdictions, it can take between one and two years for a personal injury case to be heard by a jury. In the meantime, both sides will conduct discovery. This will consist of document requests, videotaped depositions of each party, and relevant witnesses. In most jurisdictions, the court will order the parties to enter into a formal mediation process with a mediator (usually a retired judge).
STAGE FIVE. Fewer than 5% of personal injury cases go to trial, but if yours does you can expect it to last 1–5 days. At this point, you’ve been waiting between 1–3 years for your trial but you should prepare yourself for further delays. Trials often get rescheduled due to scheduling conflicts and very few trials occur on their first trial date. When your trial finally does begin it will start with jury selection, followed by opening statements, presentation of evidence, closing arguments, jury deliberations, and the verdict.
STAGE SIX. If you win your case the other side has a few options. Within the first couple of weeks, the losing party has the option of asking the court for a new trial. If that motion is not successful the losing party can file an appeal within one or two months from the date of the verdict. Appeals typically take one to two years to resolve. If you win the appeal you can then expect to receive your judgment.
For most victims waiting for 3–4 years is unacceptable and that is why more than 95% of cases settle out of court. Insurance companies know this and gamble that you’d rather have a smaller settlement immediately instead of a larger judgment years later. The good news is that in many states an accident victim can usually borrow up to $100,000 against the value of their claim reducing the pressure to settle for less. Funding from companies like Capital Financing is available in Alabama, Alaska, California, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Iowa, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Utah, Washington, West Virginia, Wisconsin, and Wyoming. If you happen to live in Texas Uplift Funding offers funding for accident victims in the lone star state.
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