Navigating Your Personal Injury Case
A Step-by-Step Guide
At Howard Stallings Law Firm, we understand that each personal injury case is unique, and knowing what to expect can provide some reassurance. Our personal injury attorneys have compiled a detailed, step-by-step summary of the process to give you a clear picture of how we handle your case:
Our Process
Average time span: Tailored to your recovery needs.
At the outset, you should be focused on your health and let us handle the details of your insurance claims. While you recuperate from your injuries, we will begin to diligently gather the necessary information and documents for your case. Our actions during this phase include:
- – Notifying insurance adjusters of our representation.
– Investigating liability aspects relevant to your case.
– Regularly checking in for updates on your health.
– Request initial medical records from EMS and Emergency Room/Urgent Care, if applicable.
– Handling communications with medical bill collectors you’ve identified.
– Processing any applicable medical payment claims.
Average time span: 4 to 10 weeks, varying with the number of providers and treatment extent.
Upon completion of your medical treatment, we’ll request your remaining medical records necessary to build your case.
Average time span: Roughly 2 weeks post-receipt of all medical records.
We meticulously prepare your settlement package, showcasing all relevant details to strengthen your claim.
Average time span: Typically 4 to 8 weeks, subject to variation based on the other party’s response time.
Average time span: Varies; we aim for swift negotiations but focus on achieving the right settlement terms.
*Note: Most cases are resolved without litigation. However, should your case not settle, we’ll evaluate the prospects of filing a lawsuit.
The Litigation Journey in Personal Injury Cases
Average time span: 1 to 4 weeks for lawsuit preparation post-negotiation.
*Important: Personal injury claims generally must be filed within three years of the accident date, or within two years for wrongful death claims.
Average time span: Standard 60 days, extendable by the Court.
*We may grant extensions if the lawsuit rekindles settlement discussions.
Average time span: About 60 days.
The defense has the right to send written inquiries and document requests, typically alongside their lawsuit response.
Average time span: 10 to 60 days.
Defendants must provide a 10-day notice before deposition, with actual scheduling often occurring within 30 to 60 days.
Average time span: 2 to 4 months post-mediation order by the Court.
Mediation provides another avenue for settlement discussions, with decisions made collaboratively on settlement or trial progression.
*Note: Over half of lawsuits are resolved during mediation.
Average time span: 90 days before trial.
This phase involves deposing key witnesses and gathering crucial evidence. We may conduct some depositions pre-mediation if beneficial for settlement purposes. Final discovery incurs significant costs, typically reserved for post-mediation.
Average time span: 30 days before trial.
We prepare trial exhibits, subpoena witnesses, and ready you and other witnesses for trial testimony.
Average time span: Variable.
Trials are scheduled bi-annually when the Court sets the sixth-month trial calendar in January and July of each year, with multiple cases slated for each week. Your case might not proceed immediately upon the first scheduling, butwe will communicate with you about the trial schedule and will prepare you for trial when the case is ready. .
*Jury trials usually last 3 to 5 days.
