Personal injury lawsuit process

How does a personal injury lawsuit work?

Many personal injury claims are resolved before a lawsuit is filed on your behalf. If an adequate settlement cannot be reached, your attorney will file a lawsuit . SET DEADLINE. After your lawsuit has been filed, the judge will set deadlines for each phase of the process.

How long does it take to settle a personal injury case?

It is rare for a personal injury claim to be resolved in a short amount of time. It is much more common to see a longer time-frame, particularly when certain factors are present. Often, personal injury claims take around eight months to a year, but this is only an average and will not reflect everyone’s experience.

Do personal injury cases settle after deposition?

Generally speaking, a personal injury case can settle at any time. When your case settles and whether or not it goes to trial really depends on how amiable the insurance company is to working with us, and whether or not they make you a fair settlement offer.

What is the discovery process in a personal injury case?

In short, the Examination for Discovery is a legal term for fact finding. This step is also known simply as “ discovery .” It can also be described as a “deposition” or as an “oral interrogatory.” The discovery process allows both parties to gather important information to assess the validity of a claim .

How much does Progressive insurance pay for bodily injury?

Bodily injury per person: $25,000 is the maximum amount your insurance company will pay out for injuries per person. Bodily injury per accident: $50,000 is the maximum amount your insurer will pay out for injuries per accident.

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How fast can a lawsuit be settled?

There are some cases which take at least a year from the date of filing the complaint to get to settle , and some may take around six months. So, it is quite unpredictable. However, a personal injury lawsuit can take 2 to 3 years to get settled .

What should you not say during a deposition?

Answer Only the Question Presented. No question, no answer. A deposition is not a conversation. In this respect, be on guard when listening to the questions – do not let the examiner put words in your mouth and do not answer a question that includes incorrect facts or statements of which you have no knowledge.

Are settlements offered at depositions?

Most depositions won’t be used for more than leverage to reach a settlement before a case goes to trial. A deposition can be used as evidence in court, but a settlement is usually the goal. This can be good or bad news depending on which side of a lawsuit you’re on and how negotiations go.

What can I expect from a personal injury deposition?

Simply put, a deposition is a session of questions and answers with the opposing side’s attorney. You will be asked questions by that attorney, but you will have your attorney present there as well. There will also be a court reporter present who will take down everything that is said so that it is on the record.

What is average Personal Injury Settlement?

Overall, average personal injury settlement amounts vary greatly. The value of your settlement depends on a number of factors that are specific to your case, and your case alone. An average personal injury settlement amount is somewhere between $3,000 and $75,000!

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Why do personal injury cases go to trial?

Reasons Your Case May Go to Trial The defendant’s insurance company believes they will win the case , so they offer a very low settlement or none. The insurance company doesn’t want to set a precedence for settling your type of personal injury lawsuit .

What are the three types of discovery?

That disclosure is accomplished through a methodical process called “discovery.” Discovery takes three basic forms: written discovery, document production and depositions .

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