The answer to this question varies by case, but most personal injury claims are resolved through negotiation. The settlement process can take a few months to a year or more, depending on the case and damages.
If negotiations are unsuccessful, a lawsuit may be filed. The lawsuit seeks compensation for your damages from the person who injured you.
A jury trial is a form of litigation that involves a judge or jury determining whether a defendant is responsible for an accident or injury. It also consists of both sides presenting their evidence, including witnesses, expert testimony, medical reports, photos, and more.
A personal injury trial typically lasts for several days. This timeline depends on a number of factors, such as where the case is venued and the volume of other court cases.
If you’ve decided to take your case to trial, you should prepare for it carefully. Your attorney will make sure you understand the process and what to expect.
A jury may be sympathetic to your situation and your injuries, especially if the injuries were serious. They can also award you more money than you would receive in a settlement.
Settlements
A personal injury lawsuit is a legal process that seeks to find others legally at fault for an accident and then award compensation. The amount awarded can vary depending on the circumstances of the case.
The most common way a personal injury claim is resolved is through a settlement. This is the result of back-and-forth negotiations between the injured party’s attorney and the defendant or their insurance company.
When a defendant agrees to settle the case, they typically offer a lump-sum amount of monetary compensation. This is usually the fastest and least risky way to pay damages.
There are also structured settlements that give the plaintiff periodic income-tax-free payments over a specified period of time, often years. These types of settlements can be more complicated because they require consideration of a wide range of expenses and tax implications. They are most effective when the plaintiff is in need of ongoing income to cover expenses like medical bills, lost wages and other related costs.
Discovery
Discovery is the pre-trial process wherein parties exchange information with each other. This includes documents, witnesses, and other relevant evidence.
The main goal of discovery is to ensure that both sides have the same facts, so that they can prepare for and defend their cases in court. This can be achieved through a variety of information-gathering methods, such as interrogatories, depositions, and requests for admission.
A good personal injury attorney will know how to use discovery to build a strong case on your behalf. They can also assist with negotiating settlements or trials if necessary.
Noneconomic Damages
If you have been injured in an accident, you may seek compensation for both financial and noneconomic damages. These losses can include pain and suffering, emotional distress, loss of enjoyment, and loss of consortium.
The amount of noneconomic damages awarded in a personal injury case is usually determined by the jury, which will use a variety of formulas to calculate their value. One of the most common methods is called the multiplier method.
The jury will also consider how your injuries changed your life. They will take into account factors such as whether the injury permanently disfigured your face or made it difficult for you to do certain things. They will also consider how your injuries impact your social life and reputation.
