How Claimant Could Affect Timeline of Personal Injury Lawsuit

No court would allow the filing of a personal injury lawsuit, if the potential plaintiff had failed to present a proof for all 4 elements of negligence. That would include proof of any injury that was caused, allegedly, by the lawsuit-triggering accident. Accident victims that seek prompt medical attention manage to initiate a valid timeline for a personal injury lawsuit.

Actions to be taken by an accident victim that has undergone an examination at a hospital, a doctor’s office, or a clinic

Speak with a Personal Injury Lawyer in Kitchener: Be ready to share details about the accident and the resulting injury.

Following achievement of maximum medical improvement (MMI), work with same lawyer, in order to prepare a demand letter. That act should encourage the presentation of an initial offer from the adjuster, as long as it has been made prior to the deadline, which should have been stated in the state’s statute of limitations.

Following presentation of initial offer, the negotiations could begin. If the negotiations were to stall at some point, the claimant would have the right to initiate a lawsuit.

Stages of lawsuit, once it has been initiated

Discovery stage: This could take about 6 months. If no settlement after discovery stage, both parties could take part in a mediation session. Mediation moves along quickly; it should be over in 1-2 weeks.

If no agreement after mediation, both parties must prepare for a trial. At that point, the timeline would reflect the decisions made by the judge of the courtroom trial. The scheduling of a trial depends on the requirements that have been created, in order to accommodate the judge’s schedule.

The length of a trial depends on the amount of time required for presentation of evidence, and the amount of time that the jury feels obliged to deliberate. The judge tells the lawyers how much time each of them has for the opening and then the closing statements. A trial’s end does not guarantee delivery of payment to plaintiff.

Reviewing points where the claimant’s actions could affect the length of the timeline for any initiated lawsuit.

Lack of the proper action, following the accident’s occurrence could rule out the possibility of a personal injury lawsuit. No court would agree to file a complaint that did not offer proof of an injury’s existence. A delayed proof would open the door to a defense strategy, and reduce the chances for a win by the plaintiff.

In some jurisdictions, the claimant could refuse to take part in a mediation session. That would have only a minimal effect on the length of the timeline. Claimants that do agree to settle, at the conclusion of a mediation session, do succeed in reducing the timeline’s length.