If you’ve been hurt in an accident and someone else may be to blame, you might have a personal injury claim. Legal cases can be complex and time-consuming, but it helps to know what to expect.
Although accident and personal injury lawsuits can take many forms, at their core the different stages usually remain consistent. In this article, the personal injury team at Nelson MacNeil Rayfield walks through the different stages of a personal injury lawsuit, from finding a personal injury lawyer to mediation and everything in between. Remember, the legal process varies from state to state, so make sure to find an experienced personal injury lawyer who knows how to handle claims in your area.
Finding a Personal Injury Attorney
For anything beyond a minor claim, the first thing you should do is find a qualified personal injury attorney. You should select a lawyer as soon as you possibly can post-injury, particularly if it involves larger claims or serious injuries. The faster you act, and the earlier you get a seasoned legal team in your corner, the stronger your case will be.
Where do you draw the line between a small claim you can handle yourself and a larger claim that requires the assistance of a lawyer? Generally speaking, you might need a lawyer if your medical bills cost thousands of dollars, you have broken a bone or two, or you missed a significant amount of work due to your injuries. Once you secure a lawyer, they’ll start working on your case.
Note: Legal claims have a time limit known as the “statute of limitations.” In Oregon, the statute of limitations for most injury claims is two years from the day you got hurt, but this number varies from state to state. If you wait too long, you may forfeit your right to recover.
The Review Phase
Once you meet with a personal injury attorney, the first thing they will do is interview you about what happened. They’ll ask about how the accident happened, relevant background info, your medical condition, and any treatment you may have received. The lawyer’s goal is to learn as much as they can about your accident and your injuries in order to evaluate your potential claims.
Making a Demand
If you have a valid claim your lawyer will begin working towards making a demand on the insurance carrier. Typically, lawyers will wait until you’ve reached maximum medical improvement (MMI) before making a demand. MMI is when the victim has completed his or her medical treatment and has reached full recovery, or has recovered as much as he or she possibly can. Unfortunately, it could take months or years to reach MMI.
Although it may be frustrating, waiting until MMI to make a demand makes your case stronger. Lawyers wait until MMI has been reached because, without MMI, the lawyer cannot accurately determine how much the injuries have and will impact someone’s life. If you settle your case earlier, you might be asking for too little money. However, if you cannot afford to wait any longer, your lawyer can work with you to determine an earlier date to make a demand that still preserves the value of your claim as best as possible.
After the defendant receives the demand, both parties will have the opportunity to negotiate. If a negotiation cannot be reached, your lawyer will proceed with filing a lawsuit.
Filing a Lawsuit & Discovery
Once the lawsuit is officially filed, the clock starts ticking on when the case might go to trial. Every state has different pretrial procedures, but most personal injury cases take one to two years to go to trial.
After the lawsuit is filed, the discovery process will take place. During discovery, attorneys from both sides request and share information pertinent to the personal injury claim. This information helps the parties build their cases, prepare for trial, and determine if reaching an out-of-court settlement is possible.
Discovery may involve requests for documents, requests for specific information, requests for admissions about certain facts, depositions of the parties and potential witnesses, and medical examinations of any injured parties. Ideally, the parties only ask for and share information relevant to the case, meaning information that is “reasonably calculated to lead to the discovery of admissible evidence.” Certain information may be withheld, such as information protected by attorney-client privilege or doctor-patient confidentiality. The parties may battle over whether certain requests are appropriate or whether certain information must be produced.
Depending on the court’s deadlines and the complexity of the case, this process can last six months to a year.
Mediation, Negotiation, and Trial
During and after discovery, the lawyers will also be negotiating for a potential settlement. Although most cases settle outside of court, sometimes they need an extra push. This push often comes in the form of mediation. During mediation, both lawyers and both clients go in front of a neutral mediator to try and agree on the issues pertinent to the case. If mediation is successful, the parties will reach a settlement, which typically involves the defendant paying the victim a sum of money in exchange for the victim agreeing to drop the case.
If mediation doesn’t work, the case is scheduled for trial. Personal injury trials can last anywhere from a day to longer than a week. The judge or jury will then reach a verdict, determining whether and how much the defendant owes the victim.
Maximize Your Recovery With Help from a Dedicated Oregon Personal Injury Lawyer
Having the right legal team on your side can help you recover more and get the compensation you deserve faster. If you were hurt and you think someone else may be at fault, contact a seasoned personal injury attorney to discuss your potential claim. Call Nelson MacNeil Rayfield today at 877-928-9147 or fill out the form for a free consultation.