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Typical Timeline Of A Personal Injury Lawsuit

Typical Timeline Of A Personal Injury Lawsuit

<p style&equals;"text-align&colon; justify&semi;">Legal proceedings can take nearly forever&comma; and often feel as though they are taking longer than it should&period; If you are involved in a lawsuit&comma; it is helpful to know what comes next so there are no surprises&period; Here is a rough outline of a typical personal injury lawsuit&period; Talk with your lawyers to make sure you are always on the same page as well&period;<&sol;p>&NewLine;<h2 style&equals;"text-align&colon; justify&semi;">Filing<&sol;h2>&NewLine;<p style&equals;"text-align&colon; justify&semi;">Suit is filed by attorneys sometime after the date of the accident&period; Summons is issued and served on the defendant&period; The defendant then has anywhere between 20 and 30 days to file an answer or otherwise plead to the lawsuit&period;<&sol;p>&NewLine;<h2 style&equals;"text-align&colon; justify&semi;">Case Management Conference<&sol;h2>&NewLine;<p style&equals;"text-align&colon; justify&semi;">In the more populated counties where it seems there&&num;8217&semi;s an endless backlog of cases&comma; a case management conference is usually set for a 3 to 4 month date after filing of suit&period; The case management conference is a scheduling conference and&comma; amongst other deadlines&comma; a trial date is set&period; The attorneys are expected to comply with the deadlines&period; Sometimes they&&num;8217&semi;re unable to comply with these dates due to circumstances out of their control and dates are extended&period;<&sol;p>&NewLine;<p style&equals;"text-align&colon; justify&semi;">On a national basis&comma; cases are ordinarily scheduled for trial 14-16 months after date of filing of lawsuit&period; Bench trials without a jury might be scheduled sooner&period;<&sol;p>&NewLine;<h2 style&equals;"text-align&colon; justify&semi;">Settlements<&sol;h2>&NewLine;<p style&equals;"text-align&colon; justify&semi;">The lion&&num;8217&semi;s share of accident cases settle without the necessity of a trial&period; Some of them are even dismissed without any compensation being exchanged&period; Settlements can be reached any time before&comma; or even during&comma; trial&period;<&sol;p>&NewLine;<h2 style&equals;"text-align&colon; justify&semi;">Delayed or Continued Trials<&sol;h2>&NewLine;<p style&equals;"text-align&colon; justify&semi;">Trials are sometimes continued for good cause&period; One of those reasons being that the court simply cannot hear a trial on the scheduled date because no judges are available as they&&num;8217&semi;re hearing other cases&period; When that happens&comma; there&&num;8217&semi;s usually a 2 to 4 month continuance and the continued case is given a higher priority on the court&&num;8217&semi;s next trial call&period;<&sol;p>&NewLine;<h2 style&equals;"text-align&colon; justify&semi;">Trial and Payment<&sol;h2>&NewLine;<p style&equals;"text-align&colon; justify&semi;">If and when a case does go to trial&comma; the typical trial in an accident case will take 3-5 days&comma; depending on the number of witnesses and doctors that are scheduled to testify&period; Assuming plaintiff prevails and an award is given&comma; follow up work takes 3-4 weeks with preparation and exchange of releases and issuance of final check&period; When final check is received by plaintiff&&num;8217&semi;s attorney&comma; it is signed off on and deposited into the attorney&&num;8217&semi;s client trust account&period; After a short few days when funds transfer&comma; the attorney then makes all final disbursements in accordance with a written settlement statement&period;<&sol;p>&NewLine;<p style&equals;"text-align&colon; justify&semi;">With all of these steps&comma; a personal injury lawsuit lasts a total of 15 to 17 months without continuances&period; Remember that you are in a marathon&comma; not a sprint&period; Relax as much as you can and let your suit consume your personal injury lawyers’ lives&comma; not your own&period;<&sol;p>&NewLine;

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