When contemplating the decision to initiate a personal injury claim, a prevalent issue often revolves around the duration of the case. When there is a buildup of medical bills and development seems to be very slow, this concern develops. A personal injury lawyer in Des Moines can help you with the entire process.
A timeline and guide to the personal injury litigation process
In most personal injury cases, the time it takes to get a verdict or settlement is between one and three years. Cases involving personal injuries are unique.
The first step is to hire a lawyer.
A lawyer you meet with initially may not even be qualified to represent your case. Obtaining legal representation should be your priority for the reasons stated above.
Launching the Case
The formal commencement of a civil action requires that you:
- Submit a formal complaint along with the required filing fee to the appropriate court, and
- Submit a duplicate of the summons and complaint to the defendant.
Finding the applicable statute of limitations is one of the initial steps your lawyer will take upon accepting your representation.
The Process of Discovery
The “discovery” process is the gathering and exchange of relevant information between the parties involved in a lawsuit prior to trial. The following details could be included:
- Data gathered by law enforcement
- Health information
- Security footage
- Business correspondence
In the days leading up to a trial, both your attorney and the defendant will likely file numerous motions. From the appropriate location to the papers that can be discovered, pre-trial motions cover it all. It takes more time and affects the case more significantly for some pre-trial motions than for others.
Try to settle it through negotiation.
Pretrial settlements are the norm in personal injury lawsuits. As soon as your lawyer receives the initial discovery, they will likely begin to take part in settlement discussions.
If a settlement is not reached, your lawsuit will continue to trial.
Reach a Decision
If the case goes to trial, either the judge or the jury will decide whether the defendant was at blame for the accident and, if so, how much money the defendant must pay to the plaintiff. The verdict is the name given to this conclusion.
File an Appeal
It is customary to incorporate an appeals procedure to accommodate parties who express discontent with the ruling.
The next step, should the plaintiff be victorious, is to start collecting the judgment. The amount of the judgment could be paid all at once or divided into installments.