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Timeline of a Personal Injury Case
Timeline of a Personal Injury Case
- An Accident Occurs
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- If injured, when ready, contact a personal injury lawyer to determine if a claim can be pursued on your behalf
- Hire a Personal Injury Attorney
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- Meet with a lawyer to discuss the incident
- Bring medical records or other relevant documents including an accident report if available
- Your lawyer will help you understand the process of a personal injury case
- Client Responsibilities
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- Follow the doctors’ advice
- Go to all medical appointments
- Report all symptoms to doctors
- Take photos of injuries
- Tell lawyer anytime a new doctor is seen
- The Legal Team Builds The Case
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- Determine how and why the injury occurred
- Speak with witnesses
- Obtain any investigative reports
- Obtain scene, vehicle and product photos, as applicable
- Obtain medical records and bills
- Consider all possible claims and theories of liability against any potential defendant
- Consult with experts
- Settlement Negotiations
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- Communicate and negotiate with the insurance company
- Obtain a settlement or pursue a lawsuit
- Lawsuit Is Filed
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- File a summons and complaint prior to the statute of limitations
- Serve the legal documents on the defendants
- Discovery
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- Prepare and exchange evidence with the other lawyers in the case
- Conduct depositions of all relevant parties (also called EBTs)
- Defense medical examination conducted
- File motions (written applications) to the court if necessary
- Pretrial Settlement
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- Participate in arbitration or mediation if appropriate
- Determine liens if any
- Settle the case or proceed to trial
- Trial
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- You have the right to a trial by jury or by the judge who will act as both judge and jury
- At a trial, the injured person must prove it was more likely than not that the defendant was negligent and caused injuries
- The judge or jury will listen to all the evidence presented and the arguments by the lawyers, apply the facts to the law, and render a decision
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