Randolph Goldberg, ESQ.
Las Vegas Personal Injury Attorney
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A Personal Injury Case Timeline
Las Vegas, Nevada
There are two possible resolutions of a personal injury case—a settlement and a formal lawsuit.
It is important to note that settlements are more common than lawsuits and can happen at any stage of the timeline below.
Step 1 – Determine Fault
It is important to ensure that injuries sustained from the accident were the result of another person’s actions. Only accidents that are not the fault of the injured individual can proceed for personal injury litigation.
Step 2 - Get Medical Treatment
It is important to seek medical attention following your accident. Whether it be an emergency room visit or an appointment with your doctor, getting timely medical treatment for your injuries ensures that you begin the healing process and it tells insurance adjustors that your injuries are serious.
Step 3 – Consult a Personal Injury Attorney
For anything more than a very minor claim, it is a good idea to discuss your situation with a personal injury lawyer. Small personal injury claims can be handled by individuals who feel comfortable with the process and confident that they can obtain a fair result. If you have suffered a serious injury, your best bet is to use an attorney, like Randolph H. Goldberg, that specializes in personal injury cases. In general, if you are unable to work for more than a couple of days, if your medical bills total more than a couple of thousand dollars, or if you have broken any bone as a result of the accident, then you should talk to a lawyer.
A Personal Injury Lawyer will interview you to learn more detail about your accident, injuries and medical treatment. It is important to answer all of the questions open and honestly to ensure that there are no surprises as your case proceeds. Following the interview, the lawyer will submit requests to your doctors for medical records and bills related to the injury. These documents will help to determine the amount of compensation you will receive.
Step 4 – Determination of Making a Demand/Negotiating
Many smaller personal injury claims are settled before a lawsuit is ever filed. It is possible that money may be left on the table if this method is employed, though there are some instances where this is also the best option. If the attorney believes a settlement is the optimal solution for a client, he will make a demand to the at-fault party’s insurance company. Demands and lawsuit filings are typically not made until the plaintiff has reached concluded all medical treatment and recovered as much as possible. This ensures that the plaintiff receives the highest possible compensation to cover all of their expenses.
Step 5 – The Lawsuit is Filed
A personal injury lawsuit must be filed be filed with the court within your state’s statute of limitations. This starts the clock on determining a trial date. Typically, it can take between one to two years to go to trial, though every state has it’s own pre-trial determinations.
Step 6 - Discovery
During the discovery both parties exchange interrogatories (a list of questions), request documents, and conduct depositions of all relevant parties and witnesses.
Step 7 - Mediation
After discovery, lawyers can sometimes discuss possible settlements via mediation. Mediation is a process in which a neutral third party mediator attempts to resolve the case with both clients and both lawyers.
Step 8 - Trial
If Mediation is unsuccessful, the case is then scheduled for trial. The length of a personal injury trial can vary greatly from case to case and state to state. It is also important to note that trial dates are often delayed all the time, and for the most innocuous of reasons. It should not be interpreted as a negative sign if your trial date gets moved.