How long does it take before a case if decided by the court? I am thinking of filing one but I would like to know the amount of time involved. Do I have to be present in all court proceedings? What are the steps involved when one files for a personal injury case?
If you are thinking about filing a personal injury case, it is hard to determine how long it would take because there are so many varying factors such as: (1) How crowded is the Court's docket? (i.e. how long would it take to get a trial date, motion date, et.) (2) How open is the defendant to settling the matter? (3) Assuming you have an attorney, how busy is your attorney? (4) Are there extensive damages to be determined in this matter? If so, how long does it take to get a trial date with enough days to present all of your evidence? All of these factors contribute to how long your matter would take. Unfortunately, there is no hard and fast rule with determining the length of time from the initial filing of the suit to the final disposition of the suit.
You must finishing treating before your case could be settled. If you must treat for your injuries for the next year, then settlement negotiations cannot begin until then.
Investigation, commencement, pretrial discovery and trial. It can take several years.
The time required to complete a lawsuit depends greatly from case to case. A simple small claims case may resolve in a few weeks or months. On the other hand, it often takes years to get a more complex personal injury case to a jury trial. Whether or not you are require to attend a court proceeding depends on what is pending before the court. Some matters can be handled by the attorneys without the parties attending. Other matters (such as the actual trial) should be attended by the parties. Your questions are too generic for more specific responses. You may want to discuss your potential case with an attorney.
In Illinois you have two years to file suit, unless you are suing state agencies. Consult a lawyer.
Typically about two years.
In order to file a suit, you will need a personal injury lawyer to handle it. Most cases take 13 months to resolve in Michigan. You will be required to attend your testimony and settlement conference depending on the jurisdiction that you may sue in.
Takes a year or more in most counties, especially in the urban counties. In rural areas maybe a little shorter. Depends on the volume of cases and the number of court weeks set by the administrative office of the courts. You really need a lawyer if you have a decent case. You can do it yourself but you will have a difficult time keeping up with the process and following all the rules required of you.
A personal injury case has no time limit. In a negligence case you have three years to bring a lawsuit but generally, the case starts with a claim letter and pre litigation investigation. The time involved depends on the circumstances of the case, the parties involved and the complexity of the injuries. There is no time table nor exact time that one expends in processing a case. If you obtain an attorney the time that you would spend on the case is minimal. Your objective then would to be to go to the doctor to hopefully recover from your injuries. You should obtain an attorney and cooperate with same for maximum results. He would handle the day to day legal proceeding and your involvement would minimal.
The handling and processing of personal injuries cases vary. You should consult with a plaintiff's personal injury lawyer for specific legal advice and direction.
In Georgia, there is a 6 month discovery period so cases generally take from 6 mos to 2 years to conclude based on the county and complexity of the claim. In general, parties are required at all Court appearances where their testimony is necessary. Motions and other Court proceeding without testimony, do not require the presence of the parties. Litigating a case requires the preparation and filing of a Complaint, service of the Complaint on the Defendant, exchange of information between the parties ( often called " discovery"), preparation of a pretrial Order and a trial. Very few people can successfully handle their own personal injury claim.
Answer: It depends on which court you are in. District Court it will take 24 months. Small claims less than 6 months.
Filing a personal injury case is something that is very difficult to handle correctly so I would strongly recommend that you contact a lawyer to handle it for you. Depending on the complexity of the case, it could take several years.
Most attorneys including this one will tell you that they sent their crystal ball out for repair some years ago and the place repairing the crystal ball lost it no one can predict how long a case will take. The steps involved in bringing a lawsuit are to file a complaint (a written document which has a specific format) with the clerk of the court. Depending on your damages, it may get filed in county court or circuit court which is determined by the amount you are suing for. Generally you have to identify the parties, assert that they are subject to the jurisdiction of the court you filed the case in (i.e. they live in the county or do business in the county), assert that you can bring the suit in the county because either you live there or the accident happened there, that you are of the age of majority, and that you are otherwise permitted to bring the suit (i.e. you are not mentally incompetent).? In the?complaint you then have to allege that the party you are suing owed you a duty (e.g. to not run a stop sign, to not smash into you etc), that the person you are suing breached the duty, that as a result of the breach they caused you harm, and that the amount of the damages was in excess of X dollars which is the threshold amount for the court in which you are bringing suit. In Florida, county court threshold is $5000 exclusive of attorneys fees and costs and circuit court is $15000 exclusive of attoneys fees and costs. When you file the lawsuit you have to have a summons issued and then a process server will take the summons and a copy of the complaint and serve it on the party you are suing. Once served the other side has to answer within 20 days. Usually they answer by moving to dismiss asserting that you have failed to properly state a cause of action. If they do that then you have to set that motion for hearing and a judge will rule whether you did or did not properly state a cause of action. If you did, then the other side has to actually answer the lawsuit by admitting or denying each allegation. They may also add affirmative defenses (if we did it, it wasn't our fault because. When you get the answer and affirmative defenses you have to deny each affirmative defense in a pleading filed in the court. You have to send the other side a copy of all this.? ? You can then send interrogatories (written questions of a specific form) and requests for admission and requests for production. This is called discovery. The other side will do the same. The other side will subpoena your medical records and will take depositions you too will take depositions. The other side may make an offer you can accept it or reject it but if you reject an offer of judgment then you have to get at least 75% of this amount in a jury verdict or you have to pay the costs of the other side. If the case does not settle you will in Florida be required to attend a mediation if the case still does not settle, then you go to trial if you are doing this on your own, then you have to be present for everything if you have an attorney, you only have to be present when the attorney tells you that you have to be present (your deposition,?the defense medical exam, mediation and trial). My suggestion talk to an attorney For small claims court and some county court cases, you probably can do it on your own but if you have a significant injury with substantial damages, you will do much better with a qualified personal injury lawyer than you will do on your own
A PI case in NH generally takes about a year to a year and a half to get to trial. The steps are numerous, and if you file pro se, you will need to appear at each hearing. If you retain counsel, you will neot.
It depends on whether you file in Summary Court or Common Pleas Court. You can sue for up to 7,500.00 in Summary Court. Summary Court is simpler and fewer steps are involved. Normally, the case is disposed of more quickly, but there are backlogs in many counties and it can easily take more than a year. Larger cases must e filed in Common Pleas court. The main steps are filing a Summons and Complaint; serving it on the Defendant(s), Discovery, which includes asking and answering interrogatories, requests for production of documents and things, Depositions, and may also include serving subpoenas duce techem on third parties (subpoenas for documents and things), Freedom of Information Act Requests; Mediation; Motions; then trial. It usually takes from 1.5 to 3 years.
There is no standard time. It can take a week or 8 years depending on the jurisdiction and issues involved. You would have to be present if the case goes to court though almost none of them get that far anymore.
The time for the decision depends on various factors. Yes, you must appear for each proceeding. It is, after all, your case!
Not "all". There are some portions of a case wherein your presence will not be required. Your lawyer may have to attend various hearings on matters that you may attend if you wish , but your attendance is optional. A filed Complaint is the first step, setting out the grounds upon which you seek damages or restitution for your losses and the amount of damages you seek. The Complaint will then be officially delivered to the party upon whom you seek to place the blame for your damages. After service of the Complaint the opposing party has a limited time to respond to your allegations in an Answer. The Answer may contain any counterclaims that the other person may have against you. At this point the Discovery phase of the lawsuit begins as each side seeks information from the other with questions, documents, This will take at least 6 months in most jurisdictions. inspections , sworn depositions, and other formal investigatory processes. Then the parties may file pleadings requesting the judge rule on various legal issues. Another 6 months can roll by during this phase. Now a year plus down the road you may be in line with other cases to have a trial. You may have a jury trial or a bench trial (where only a judge makes the final decision). And then a couple of years after the injury there may be appeals taken by either side alleging legal error which might have occurred during the trial. If the injury is not serious, you should weigh carefully the wisdom of embarking upon this journey.
Unless your claim is in the small claims category, hire an attorney. There is no set standard for how long it takes to resolve a case. If you are representing yourself, you have to attend all court proceedings. If you want to pursue this on your own, see the local law reference libririan for directions to a pleading treatise. 0217
You can read the Rules of Civil Procedure on-line on the Washington Courts website. When you file a case in King County Superior Court, you get a trial date in about 16 months. Arbitration happens sooner. If you miss a hearing, they can throw the case out. For almost any type of case, you really need a lawyer.
A personal injury case can be complicated and should not be attempted without an attorney to assist you. The time frame can be from about 6 months to well over a year depending on the facts, the extent of the injuries, the number of witnesses involved, the defenses that may be available to the other side You do have to be present in court for all proceedings and the "steps" quite honestly are too involved to outline in this response and depend on many factors that may arise during the lawsuit. You should consult with an attorney.
There is no exact time that a personal injury case takes from beginning to end. If you file in Small Claims Court the time could be relatively short. The Nebraska Supreme Court says the time from filing to trial should be, depending on the court in which the case is filed in: District Court- Nonjury: 1 year District Court- Jury: 18 months County Court: 6 months However, many cases take longer, especially for jury trials. Cases take longer for a number of different reasons. If you are acting as your own attorney you would need to present at all court proceedings. If you do not appear, then you could lose your case if the judge decides an issue that disposes of your case prior to a trial. The first step in starting a personal injury lawsuit is the filing of a Complaint. The contents of the complaint and the rest of the steps involving in a lawsuit are beyond the scope of this topic.
If you file in the superior court you will likely need an attorney. There are numerous and complex steps to prosecute a claim. The case can be settled at any time, but to get to a trial it is typically 1 1/2 to 2 1/2 years from suit until trial.
In Indiana, you generally have 2 years to file a personal injury case. In some circumstances, the time may be different depending on the facts of your case. Once a case is filed, the other side is given an opportunity to respond to your lawsuit in writing. After that, both sides will have an opportunity to find out information from the other side about their case in a process called "discovery." Thereafter, other events may happen such as motions or mediations. Once the case appears to be one that cannot be resolved, the Court will set a trial. Depending on which court your case is filed, the time from start to finish may be as short as 3 months for small claims cases or as much as a few years. It is not unheard of for a case to be lingering around for 5 years. You will be required to make all court appearances and to meet the deadlines imposed by the Court. That is why it is often best to retain an attorney to help you with the case.
Great question. Most cases involving personal injury settle prior to trial. If a case does go to trial, it usually occurs within a two(2) year period but this can vary widely from county to county and even from Judge to Judge. Many of the initial conferences or court dates are for the attorneys only and do not involve active participation of the injured party. If a case goes to trial the trial can last from a few days to weeks. There are at least one or two occasions where you will need to be present. One is at a final pretrial conference and the other is at trial. Most personal injury cases are jury trials and you need to be present throughout the trial from beginning to end unless it is absolutely impossible for you to be present in which event your attorney will need to explain the reason to the Judge and Jury. Before a case gets to trial your attorney will file a complaint with the court and the complaint will be served on the other party or parties. This begins the process at which time the other party will hire an attorney or will have one assigned by his insurance company. Thereafter depositions are usually taken which involve sworn testimony of the parties and witnesses before a court reporter. Depositions permit each side to understand the strengths and weaknesses of their case and in order to prepare the case for settlement and/or trial. Depending on the complexity of your case, there may only be one or two deposition needed and the case may proceed to trial or to settlement quicker.
A personal injury case can take anywhere from 8 months to 2-3 years to resolve. If you do not know or understand the rules of court you will have a very difficult time prevailing. You will need to be present at the trial and you will need to provide documentation to the other side in the case. If you do not follow the court procedures your case could be dismissed. You should find an attorney to assist you, or at the least to answer your questions directly.
It depends upon which County in California your case is in since the time-lines are different. If you have any attorney, you only need to attend your deposition and eventual Trial.
If you have an attorney, then you will not be required to appear at all the court hearings - you will be required to appear for a deposition and possibly an independent medical examination, a settlement conference and then the trial. Cases in state court typically go to trial about 18 months after filing the complaint. You should keep in mind that in Colorado there is a two year statute of limitations for most personal injury claims, you must file within two years of the injury or lose your right to do so.
The length of time a case takes from filing to trial depends on numerous factors including the venue, judge and opposing party's attorney and complexity of the case. You will need to be present for all court proceedings if you do not have an attorney. I recommend discussing your particular situation with an attorney and consider retaining one.
It depends. There is a three year statute of limitation for filing a personal injury claims. The plaintiff is not required to be present at all court proceedings assuming they have a lawyer. Some proceedings require attendance. You should call a personal injury lawyer about your potential case.
You have two years to file from the date of the injury or your claim is barred completely by the Statute of Limitations. You must file a petition in the clerk of court's office. Small Claims has a limit of $ 5,000.00, District Court is unlimited. From filing to trial is usually two to three months in Small Claims -try case to the magistrate or District Associate Judge. District Court case is usually up to and sometimes beyond 12 months. Tight court budgets have caused many cases to take much longer. Many, many steps in a personal injury case and you won't be able to handle it on your own without an attorney, I assure you.
A case can take from days to years. Do not try this on your own. You will be buried under paper work and court rules. Hire an experienced personal injury attorney and let them handle the load.
Some lawsuits take longer than law school. Depends on the issues.
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