If you decide that you are going to sue someone, then that is not a decision you should make lightly. Most people don’t like the idea of suing a person or company, even if that individual or entity harmed them. It is not a fun process, or at least most people don’t find it so.
Understanding the timeline of a personal injury case becomes important if you decide that you’re going to move forward. However, you should also consider several factors that will likely come into play.
Let’s talk about what factors you should consider and how you should prepare yourself going into a personal injury lawsuit.
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If You Don’t Have a Skilled Lawyer, You Can Easily Lose Your Case
First, you need to think about getting yourself a skilled, competent lawyer. In reality, you don’t need an attorney to file a personal injury case. You can do it on your own if you like.
Almost all individuals hire a personal injury lawyer when they pursue one of these lawsuits, though. They do it because they don’t know the law, and they can easily make a mistake if they move forward on their own.
When you hire a personal injury lawyer, you will usually pay them via a contingency payment plan. You might give them anywhere from 30%-40% of your winnings, on average.
That might seem like a lot, but you’re paying them for their expertise as well as their encouragement. Your lawyer will presumably know all about the kind of case that you’re filing. Maybe they’ve gone through this process dozens or even hundreds of times.
If you don’t pick the right lawyer, you might lose your case, even if you have plenty of evidence. It’s not just about the evidence you can collect, but how you and your lawyer can leverage it.
The More Evidence You Have, the Better Your Chances
Speaking of evidence, the more of it you can collect, the better the chances that you will win your case. Maybe you feel certain that a person or company harmed you. However, it’s your word against theirs. You can’t collect any physical evidence that clearly shows you’re telling the truth about the defendant’s culpability.
In such cases, the jury might believe you, if the case goes to trial, or they may not. If you collect a mountain of evidence, though, then the chances that the defendant will try to settle or that you will secure a jury’s verdict in your favor become much higher.
If you have eyewitnesses, video or photographic evidence, expert witnesses, and documentation that proves your case, then you’ll probably win, assuming you have a competent lawyer as well.
You Don’t Know How Long This Case Will Take
You should also realize that there’s no exact timeline with personal injury cases. Your lawyer can tell you the steps that you will usually go through, but they won’t know how long the whole business will take.
They can estimate for you, but there’s never any certainty. Maybe the defendant’s lawyer will stall for time, and they will successfully delay the trial.
Since you do not know how long the process will take, you won’t know the toll it will all take on you. Suing someone can quickly tire you out. You might have seemingly endless meetings with your lawyer or their investigator. You may have numerous court appearances.
If you run into a lawyer for the defendant who’s sly and knows how to game the system, they might do all they can to stall in the hopes that it will frustrate you. If you just want the whole thing to end, you may accept a smaller settlement offer than you wanted. That way, at least you can say you walked away with something.
Know that you may have a long fight ahead, especially if you sue a company with deep pockets. Your lawyer will hopefully stand by you as you go through it, but a lawsuit takes time, and you should prepare yourself for that mentally before moving forward.
The Lawsuit Might Take Time from Your Usual Activities
You probably have a routine you follow. If you sue a person or company, it’s likely you will see that routine fractured. It may completely disintegrate for a while.
Earlier, we mentioned meetings and courtroom appearances. Maybe you won’t have to attend all of them if your lawyer can handle some on your behalf. However, you must put some time into a lawsuit.
That might mean you have to miss work. You may have to keep driving to the lawyer’s office or the courthouse. Your dedication might pay off when you eventually get a settlement or a jury’s verdict in your favor, but in the meantime, it may feel like you’re putting in some hard work.
Your Family Will Go Through This with You
If you have a family, you should sit down with them and have a talk before moving forward with the lawsuit. Though you’re the one meeting with your lawyer, and it’s you in the courtroom, in a sense, your family will go through it as well.
Your family must deal with it if you’re not at home because you’re meeting with your lawyer. Maybe you’re usually at home to give your kids a snack and help them with their homework after school. Perhaps you normally cook them dinner.
You likely won’t spend as much time with your spouse or partner during this process, if you have one. You’ll probably miss them if you can’t see them as much.
Suing someone, since it takes up your time and energy, can frustrate you, and your family as well. You’re all going through it together, and sometimes, if can wear you down. Again, delaying tactics might make you feel like you have to settle, even if it’s for less money than you think you should get.
Keep all this in mind when you’re thinking about suing someone.