Ohio, United States, January 13, 2024 – For many, navigating a lawsuit for the first time may seem like an endless journey, especially considering that some cases may take over three years to conclude.
Multiple factors can contribute to the extended timeline of a lawsuit, each impacting the overall duration distinctly.
This guide highlights these reasons, helping you manage your expectations and better understand the process. However, consulting a legal expert to understand your circumstances is always a good idea.
Settling Sooner
Choosing a quick resolution can shorten your claim duration. For example, the at-fault insurer may offer a swift settlement after a car accident. However, this offer may undervalue your claim and harm suffered.
Accepting may also require signing release forms and forfeiting your right to pursue further claims. So, legal expertise is crucial to assess these offers, protect your rights, and secure a fair settlement.
“Oftentimes, insurance companies will offer low settlements with the incentive of a quick closing. But going to trial will often result in higher payouts but a much longer trial process,” says personal injury attorney Charles E. Boyk.
However, it’s imperative to note that the journey’s length will still hinge on numerous factors, making each case distinct.
Understanding the Legal Process
To grasp why lawsuits span extended periods, you need first to understand the lawsuit process. The journey begins with serving the defendant a notice or summons. This “service of process,” as it’s legally termed, could take weeks, depending on the defendant’s location and availability.
Next is the “discovery” phase—arguably the most time-consuming step. During discovery, both sides gather information pertinent to the case and in the hands of the other side. This process may take months or even years for complex matters. Following discovery is the “pre-trial conference,” where parties discuss potential settlements and prepare for trial if necessary. This stage could take a few weeks or months before the court schedules it.
If you do not reach a consensus, the case proceeds to trial. A trial’s duration hinges on its complexity, and it could range from a day to several months. Finally, the verdict may be appealed, leading to the “appeals” process. This stage, too, can extend over months or even years, as it involves a thorough review of the trial’s proceedings.
Factors Contributing to the Longevity of a Lawsuit
Several factors commonly influence a lawsuit’s duration. Firstly, the complexity of the case is a significant factor. Complex cases often involve numerous legal issues or a large volume of evidence, which extends the discovery phase.
Secondly, the level of cooperation between the parties can hasten or delay the lawsuit. Parties that communicate effectively and are open to negotiation could significantly shorten the process and avoid going to trial, which can increase the duration significantly.
The court’s schedule can also impact the timeline. Busy courts may not schedule a trial for several months after discovery ends. It’s beneficial, then, to be flexible in scheduling and ready to proceed when the court is available.
Strategic Delays
In certain instances, strategic delays can be advantageous. For instance, your attorney may decide to wait until you reach Maximum Medical Improvement, allowing for a more accurate assessment of damages as long as the action is commenced within the statute of limitations.
Ultimately, lawyer representation is crucial in personal injury lawsuits due to the intricacies of the legal process, their ability to negotiate settlements, and their skills in advocating for your best interests in court.
Media Info:
Name: Charles E. Boyk
Organization: Charles E. Boyk Law Offices, LLC.
Website: https://www.charlesboyk-law.com/
Email: seo@charlesboyk-law.com
Phone: (419) 909-3024
Address: 1500 Timberwolf, Holland, Ohio 43528, United States
