Step-by-Step Process
Step-by-Step Process
While our experience has shown us a general timeline to anticipate in a case, we understand that for most of our clients, this is their first — and hopefully only — experience with a personal injury case. So, of course, everyone wants to know “How long will my personal injury case take to resolve?”
Keep in mind, no two cases are exactly the same and giving a prediction on the timeline or restitution without prior evaluation of the specifics of your case can only be a guess. But these are common parameters into which most cases fall:
AFTER REPRESENTATION BEGINS:
1 to 30 DAYS
• Initial case management tasks
• Initial investigation and research
• Preservation of evidence
• Notifications to defendant, insurance companies
30 to 90 DAYS
• Request and obtain records and evidence
• Review, evaluate, research evidence and records
90 to 150 DAYS
• Complete detailed settlement evaluation process
• Settlement evaluation meeting; make settlement recommendation to client
• When client decision made, send detailed settlement demand package
• After you’re done treating or know you will not be soon.
AFTER DEMAND IS SENT:
30 to 45 DAYS
• Receive settlement offer or denial of claim
• Advise client, negotiate toward settlement
• If settlement not reached, file suit
If pre-suit settlement reached, case is concluded.
AFTER SUIT IS FILED:
30 to 180 DAYS
• Send discovery requests to defendant(s)
• Prepare client for client’s deposition
• Subpoena witnesses and evidence
• Take depositions of defendant(s) and other witnesses
• Prepare or medical and other expert testimony
• Prepare client for IME; depose examiner
• Make motion with the court to schedule trial
180 or MORE DAYS
• Begin final phase of trial preparations
• Prepare for mediation and file mediation submission
• Conduct additional discovery
• Prepare expert witnesses for trial testimony
If mediation settlement reached, case is concluded.
BEFORE TRIAL:
90 DAYS
• Final discovery procedures
• Pre-trial motions and submissions
• Final trial preparations; prepare client for trial
• Schedule witnesses for trial