Between 40,000 to 70,000 car accidents occur in Houston every year. Houston has long been the state’s injury leader in car accidents. The average week in Houston has 11 deadly car accidents, according to news sources. List of car accidents in Houston today is always available with Sutliff & Stout Injury & Accident Law Firm. Driving carelessly is at blame for most accidents.
A lawsuit can seem intimidating to the ordinary car accident victim. You might be worried about how long it will take to receive compensation for your injuries if you pursue your legal claim for damages given the mounting medical expenditures.
Your entire legal case may take several months or even years to complete. The length of a particular car accident lawsuit will vary depending on a variety of variables that will affect each step of the procedure. The most time-consuming parts of your case may be the procedures preceding up to trial, such as serving notice and conducting discovery. In light of this, you might think about agreeing to a settlement, but you should be aware that any such deal will probably leave money owed to you unpaid.
A Car Accident Lawsuit’s Steps
It’s critical to comprehend the many components of a lawsuit in order to gauge how long a car accident litigation might last. Below is a breakdown of how a car accident lawsuit would go.
1. Prior Filing the Lawsuit
Even before a lawsuit is filed, the process gets started. Find a group of knowledgeable car accident attorneys first to represent you. Together, you and your attorney can determine who is to blame and how much harm they have caused. Additionally, you might have to deal with insurance company agents that get in touch with you.
2. Notice and Service
You are responsible for informing the defendant (or defendants) identified in the complaint as soon as your claim is filed. By giving the defendant a copy of the complaint that you filed, you are able to achieve this. If the defendant has left the state or is otherwise hard to locate, serving them can be challenging. Depending on the jurisdiction, the defendant normally has one month to file a response with the court after receiving notice.
The court will set a time frame for discovery after your complaint is submitted and answered. During the discovery phase, both sides look for and collect data to back up their claims. The vehicle accident attorneys will also take witness statements at this time. The investigation phase of a car accident will typically take several months.
The court has the right of choosing the trial date. The complexity of discovery, the gravity of the claim, the court’s schedule and availability of the personal injury lawyers on each side all play a role in determining the trial date. You might be surprised to learn that at least in car accident cases, the actual trial typically takes the smallest length of time of any of the steps. Civil trials for accidents and injuries could last just one day.
One party may take the case to a higher court on appeal if they feel that the decision in the case was made incorrectly. The appeal’s length is determined by the central contention of each party. An appeal can lengthen the time it takes to decide the case by many years.
Factors That May Affect How Long a Car Accident Lawsuit Will Take
It is challenging to predict how long a vehicle accident lawsuit will last because each case is unique. Every case may have particular difficulties that lead the schedule to linger longer than anticipated.
The following are some of the most frequent causes of a delay in car accident lawsuit:
- There are several defendants listed in the same complaint
- Liability or contributory negligence disputes
- Medically complex injuries
- Extended medical injury therapy
- A defendant who leaves the country before being served
- Insurance industry strategies
The Benefits and Drawbacks of Settling Car Accident Lawsuit
Consider accepting a settlement offer if you are worried about how long your lawsuit will take to resolve. Settlement agreements can be useful tools to quickly and amicably resolve legal issues. By avoiding court fees, both parties stand to gain, and the victim receives their recompense sooner.
However, before accepting a settlement, prospective claimants ought to exercise caution. You give up the right to take your claim to court when you sign a settlement agreement. When they think they can convince the victim to accept much less than they would be able to receive in court, insurance claims adjusters frequently propose settlements. Settlement offers so frequently represent a considerably lesser value than the victim deserves.
A settlement offer can be reviewed over, negotiated, or countered on your behalf by your attorney. You shouldn’t be concerned that the first offer you receive will be your final one because you can still renegotiate and resolve your case after you’ve already rejected one. Additionally, later in the process settlement proposals are often more valuable because that is how much closer the case is to being decided.
Your needs, your principles, the merits of your case, and your tolerance for a protracted legal struggle will ultimately determine how to proceed with your case.
Also read: Top five Tips for Finding the Right Car Accident Lawyer