Personal injury Lawsuits: Process and Timelines

If you’re injured, and it wasn’t your fault, you probably wonder what to do next. You’ve seen your doctor, and you’re getting care. You’ve had a little time to think, and now you’re getting angry. Why should you pay for treatment when the injury wasn’t your fault?

After an accident in Utah, the next thing to do is file a claim with the at-fault party’s insurance company. The personal injury claim process begins with the accident and the claim filing. Settlement negotiations for how much money the injured party should receive can begin once their doctor has said that no further medical care will improve their condition.

Sometimes, the insurer settles the claim fairly, but not always. The next phase, the personal injury lawsuit process, begins at this juncture.

How Long Does a Personal Injury Lawsuit Take?

The personal injury lawsuit process begins when your lawyer files a lawsuit against the at-fault party or their insurer. It ends with a court judgment or a settlement between the parties.

The timeline for a lawsuit varies, depending on the case. A straightforward accident where one party was clearly at fault and the injured party’s injuries and losses were clearly documented might be resolved in as little as six to nine months. However, if there are multiple at-fault parties and there is ongoing debate over the severity of the injuries and losses, a personal injury lawsuit could take months or years to conclude.

Filing a Lawsuit and Service of Summons

The first step in the personal injury lawsuit process is obtaining an attorney. They can handle the case against the person or entity responsible for the accident. They will file your lawsuit and prepare a summons.

A civil summons must be served on the at-fault party within 120 days after the complaint is filed in Utah, letting them know you are suing them. A sheriff, U.S. marshal, constable, or someone over 18 hired for this purpose can serve the paperwork. Proof of service must be signed and filed. The named person must usually accept the summons, but the server may hand it to one of the person’s family members or someone living in the home.

In Utah, the summons can be served by U.S. Mail, FedEx, or UPS. Using this method, the receiving person must sign for the mail delivery. Only the person cited in the summons can sign for it. After proof of delivery, the document becomes a part of the case, including a copy of the signature.

Defendant Responds to the Complaint

The defendant has 30 days from the service date to respond to the complaint. In some cases, the defendant may ask for an additional 15 days. The defendant can deny or agree with the details of the complaint. The defendant can also make their own allegations in a written format. They may also ask for more information or make allegations of their own.

Discovery

After filing the lawsuit, both parties will engage in a process called discovery. During this time, both sides gather evidence to support their case. Discovery can include requesting documents and conducting depositions, which can be written or held in person with a court stenographer. The lawyers for both sides can interview witnesses. The goal of discovery is to uncover all relevant facts and evidence related to the case.

Mediation/Arbitration

Sometimes, the court may order both parties to participate in mediation or arbitration. These alternative dispute resolution methods are meant to help the parties settle the case outside of court. During mediation, a neutral third party, the mediator, facilitates negotiations to help the parties reach a satisfactory agreement. In arbitration, a neutral third party acts as a judge and makes a binding decision.

Trial

If mediation or arbitration is unsuccessful, the case will proceed to trial. Both sides present their opening statements before a judge and/or jury. Then, the injured party’s (plaintiff’s) attorney will present their case and evidence. The opposing side (the defendant) can question the injured party’s witnesses. Next, the other side presents their case in the same way. The court will then judge whether the defendant is liable for the plaintiff’s injuries and what compensation they are entitled to, if any.

Compensation

If the defendant is found liable, the court will determine the compensation, called “damages,” to which the plaintiff is entitled. Damages can include money for medical expenses, lost wages, pain and suffering, and other losses related to the accident. The damages awarded will depend on the injuries’ severity and impact on the plaintiff’s life. It is important to note that even if the plaintiff receives an award, collecting it from the defendant may still be tricky. Sometimes, the defendant may file for bankruptcy or have insufficient assets to cover the damages awarded.

Can I Still Get a Settlement?

Yes. Sometimes, an agreement on a settlement may occur before or during the trial process. A deal worked out between the plaintiff and defendant can resolve the case. Both parties may agree on a specific amount of compensation to settle the case. Doing this may cut the process short and ensure a set amount of compensation.

How an Attorney Can Help

An attorney can help in every step of the personal injury lawsuit process, from investigating the case to filing the lawsuit. Your attorney will interview witnesses, investigate the accident scene, review medical records, and gather evidence. Your attorney will file a claim against the insurer, and negotiations can begin once your medical care is concluded.

If negotiations with the insurer are unsuccessful, your attorney will build a strong case for trial. They will file the lawsuit, make sure the summons is received, and prepare court proceedings. Throughout this lawsuit process, the attorney will work to settle the case with the defendant. Your personal injury lawyer will diligently work to obtain the compensation you deserve.

Call Us for Help

London Harker Injury Law can help if you sustained injuries due to another party’s negligence or wrongdoing. You can contact us at 77CARCRASH  for a free case review. Don’t go it alone when someone else injures you financially and physically.

Every personal injury case is unique, and the legal process can be unpredictable. Having a skilled personal injury attorney by your side is crucial. We can guide you through the process and protect your rights. Get help today. Call now.

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