Personal Injury Claims Take Patience To Settle

Going through the process of resolving a personal injury claim can take a lot of patience. The fact-finding process that the judicial system requires means that a personal injury case will often take considerably longer to settle than will an "ordinary" lawsuit.

In general, there are a number of procedures that both the defendant and the plaintiff must follow before any case gets to trial. These procedures involve the court calendar, pretrial discovery, pretrial motions, depositions, and mediation and settlement.

The Court Calendar

In many states, more personal injury cases are filed than the state's courts can handle. So, even if your case has been filed in a timely manner, if the court calendar is packed you might have to wait considerably longer than you thought you would for your case to be heard.

Pretrial Discovery

During the pretrial discovery both sides try to learn the facts that make up the other party's case. Both the plaintiff and the defendant are allowed to ask questions such as the names and contact information of the experts that are going to testify and the witnesses to the accident.

In addition, both parties are allowed to send specific questions known as "interrogatories" that have to be answered by the other party.

The injured party could also be required to undergo medical examinations by a doctor who is independent of both parties. This purpose of this exam is to verify any injuries claimed.

This part of the process can take at least six months to a year or more.

Pretrial Motions

These are requests made by the attorneys on both sides of the case. For example, pretrial motions could ask the court to deny evidence by claiming that the evidence is inadmissible. The defendant could also ask the court to entirely dismiss the case, stating that the plaintiff does not have enough supporting evidence for the claims.

Depositions

Before a case goes to trial the parties involved in the case may be asked questions. They have to truthfully answer these questions under oath.

A court report records the answers. The court reporter's records could be used during the trial.

If you are the plaintiff you will probably be asked questions about the extent of your injuries, the accident itself, and your background. The background information will likely include questions pertaining to your health and education as well as what life was like and how you felt before the accident.

Mediation and Settlement

The courts often mandate that both parties confer to settle the case before it goes to trial. These conferences use a mediator or an arbitrator.

If no settlement can be reached, only then will the case go to trial.