An accident severely disturbs you and your life emotionally, mentally, and financially. The majority of the victims go through a very hard time post-accident and want to get things done as soon as possible and return to their normal routine and usual life. These people frequently inquire about the length of a California personal injury case and its process as they’ve already suffered and this disturbance caused by legal proceedings exacerbates their situation.
There is no definitive answer to this concern of theirs, unfortunately. Every case has a different nature and the length of its proceedings and process depends on it. However, 3 things strongly determine the length of a case i.e. the amount of money involved from both parties, whether the injuries are severe or not, and most importantly the competence and repute of your defense attorney and team.
Timeline for a California Personal Injury Case
California personal injury cases are very complex legally and will take a lot of time to settle if your legal team is not competent and professional enough. Along with that, it is also necessary that you have some prior knowledge regarding the case, its nature, and its process as well.
Having a thorough understanding of a typical California personal injury case might aid you in anticipating what is coming next and what you should be expecting. Listed below are a few of the steps involved in a usual personal injury case and along with that the factors that determine the time duration of each step in the process.
Get in Touch with a Lawyer:
Once you or any family member that suffered from the accident are physically, mentally, and emotionally stable the first thing to do is to get in touch with a personal injury attorney as soon as possible. The attorney will go through your case and guide you through the whole process. A professional attorney will quickly be able to put together a rough estimate of the time that your case might take based on the information you provide him/her.
Starting the Investigation:
After going through all the info you provide the lawyer, they will determine that whether filing a claim is better for you or not. When it’s established that filing a lawsuit seems to be to your greatest advantage, your attorney will start digging into the details of the occurrence.
Your attorney will seek and evaluate official papers including reports provided by police, work records, witness testimony, and video evidence of the occurrence in suitable situations. Moreover, a sincere attorney will almost certainly contact specialists, such as accident reconstruction experts and medical professionals, to back up your position in the case.
Lodging of Complaint:
You along with your attorney will decide whether you want to file a complaint or not. Once you and your lawyer choose to pursue the California personal injury claim further, the attorney will lodge a personal injury claim in the appropriate court.
The other party that is at fault is given the lawsuit in 30 to 50 days after the claim is filed against them and they have are legally bound to respond in writing within 30 to 45 days or the situation might go against them. After the initial meeting, it usually takes three months to file a lawsuit and get the other party’s (that is at fault) presence in court.
The legal process to a solution is very draining and tiring; it can leave both parties financially very destroyed in some cases as well. To avoid that, one can go for mediation. Mediation is a confidential technique for resolving a dispute without resorting to court. It generally entails your attorney, the defense attorney for the at-fault party, and an unbiased third group.
The mediation procedure, which typically requires one or two days, usually takes place around 9 and 18 months following the event. Now it depends on both the parties whether they come to a settlement themselves or go to court. However, it is highly advised to both parties that they try their level best to work things out through mediation.
The Court Trial:
Most cases are settled through mediation. However, in an unfortunate situation where things remain unsolved after mediation, then things are taken to the court. The court tries its best to begin the legal proceedings within 24 months after the complaint is filed. However, the proceedings themselves take a few days to a few weeks on average. This estimate of time can change depending on the nature and severity of your case.
Contact the Crockett Law Group:
In case you or your loved one has suffered an injury and want to file a California personal injury case then you are in the right place. We have experienced and competent lawyers who specialize in personal injury cases.