How Long Will My Case Take?

Step One

The first stage is for you to get medical attention and care. While you are under medical care, your lawyer will gather the police and accident reports, get statements from eyewitnesses, and assemble the evidence necessary to prove your claim. Reports may also need to be filed with your insurance company and the other party's insurance company. Verification of policy limits can be gathered at this time as well.

This stage can take anywhere from a few weeks to a few months depending on the severity of the injuries sustained.

Step Two

When your medical treatment is complete, or in very serious injury cases, you are stabilized, your medical records will be requested from your doctor. As an average it may take between 45-60 days to obtain these records. Once records are received, a demand package will be prepared by your lawyer. The firm believes in working closely with its clients, so you will have the opportunity to review the information pertaining to your claim, so you understand value ranges being sought prior to the demand package going to the insurance company. This action will get the negotiation process rolling.

Expect that a counter-offer will be returned in about 30-60 days and further negotiations will follow.

If at any point during negotiations you and your lawyer are satisfied with a settlement offer, your case will conclude upon acceptance of the offer.

Step Three

It many cases it could be necessary to move to the litigation stage to help you recover fair compensation. Should that be needed in your case, preparations for filling a lawsuit will take between 30-45 days in most cases. Once the lawsuit is filed and papers are served to the defendant, there are 30 days in which to respond. A failure to respond will strongly weigh in your favor. The more likely response is for the opposing counsel to answer the lawsuit and respond with a clear set of questions, also known as interrogatories.

This stage of the process is known as discovery and usually goes back and forth for approximately 6 months or more. Upon completion, you will be required to give your deposition and sworn statement.

Step Four

At this point the trial preparation stage will begin. Getting a jury trial on the schedule can be a lengthy process, lasting between 10 months and a couple of years, depending on the court, judge and trial scheduling. Once your case goes to trial the firm will present your case, fully prepared, with expert witnesses testifying on various facts. With more than 30 years' experience practicing personal injury law and having obtained Top 100 verdicts in the U.S., a West Virginia personal injury attorney from the firm has the experience you need in serious injury cases.