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The accident victim will also want to get the best settlement possible, and there are many delays that may happen. A negotiated settlement prior to the trial will help the person receive their money quicker and to get the case finished faster. However, some people may end up spending years waiting for the case to be complete due to the complexity of the issues. A personal injury case may also be settled partially, and the client will be paid for items agreed to up to this point. However, there may still be issues that have to be resolved. The lawyer will continue to pursue damages on behalf of their client in these cases, and this will require more time of the client’s time.
The attorney will also select the most optimum time to file the lawsuit. There will be certain statue of limitations that have to be adhered to when going forward with filing a legal complaint within the courts. The lawyer may start the lawsuit when settlement negotiations have staled. Another reason the lawyer wants the client to finish medical treatments will be to delay the insurance company speaking to the client or the victim’s doctors. Once the lawsuit is officially started, the insurance company can have their lawyers interview all parties involved with the case. The official medical diagnosis should also be complete so that the lawyer can pursue the right settlement level.
The discovery phase of a lawsuit may include depositions, and this will require the plaintiff to be present along with their lawyer and the defendant’s lawyer. A deposition allows the attorneys to question all parties involved in a case with the court recording the answers. The number of depositions will vary with each case, and the victim will need to plan on spending this time in court. Basic discovery without a deposition will require that the plaintiff answers questions or interrogatories.
The victim’s lawyer may have to send a request to the court to set a date for trial. The plaintiff will need to add any trial dates to their schedule. This tactic may be used to push the insurance company to offer a reasonable settlement. Other clients may be in the process of pursuing damages against another individual or company. Once a trial date is set, the pace of getting the case ready may increase, and this may include preparing the client for the trial. The victim will need to participate in any trial preparation requested by their lawyer to make sure that they are adequately prepared for all hearings.
An insurance company may offer the plaintiff a reasonable settlement prior to the trial date. The victim may choose to select this amount without the case having to go forward in the courts. The lawyer and their client may decide that the settlement offer is not enough, and the case will need to go to trial. The plaintiff will have to allow time for going to court during the trial. Hopefully, the process will move forward quickly so that a resolution is reached. Once a settlement is decided, the client will have to sign documents releasing the other party from being sued further for the same incident before monies are released.
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