How Long Does It Take To Settle A Spinal Cord Injury Lawsuit With An Attorney?

Spinal cord injuries can have a significant impact on a person’s life, often resulting in long-term disability and ongoing medical expenses. If you have suffered a spinal cord injury due to someone else’s negligence, you may be entitled to compensation through a lawsuit. However, it is important to understand that the process of settling a spinal cord injury lawsuit can be complex and time-consuming. Here is a general timeline of what you can expect when working with an attorney to settle your case.

1. Initial Consultation and Investigation (2-4 weeks)

The first step in pursuing a spinal cord injury lawsuit is to consult with an experienced personal injury attorney. During the initial consultation, your attorney will gather information about your case, including medical records, accident reports, and any evidence of negligence. This investigation process can take anywhere from 2 to 4 weeks, depending on the complexity of your case.

2. Building the Case (4-6 months)

Once your attorney has gathered all the necessary information, they will begin building your case. This involves reviewing medical records, consulting with experts, and gathering evidence to establish liability. This process typically takes between 4 to 6 months, but it can vary depending on the availability of medical experts and the complexity of the case.

3. Filing the Lawsuit (1-2 weeks)

After the case has been thoroughly prepared, your attorney will file a formal lawsuit on your behalf. This involves drafting legal documents, filing them with the court, and serving the defendant with a copy of the complaint. The filing process usually takes around 1 to 2 weeks, depending on the court’s schedule.

4. Discovery Phase (6-12 months)

Once the lawsuit has been filed, both parties enter the discovery phase. This is the stage where each side gathers evidence, interviews witnesses, and exchanges information relevant to the case. The discovery phase can take anywhere from 6 to 12 months, depending on the complexity of the case and the court’s schedule.

5. Negotiations and Settlement Talks (3-6 months)

After the discovery phase, the parties may engage in settlement talks to try to resolve the case without going to trial. This typically involves negotiations between your attorney and the defendant’s insurance company. The length of the negotiation process can vary, but it usually takes between 3 to 6 months to reach a settlement agreement.

6. Mediation or Trial (6-18 months)

If a settlement cannot be reached through negotiations, the case may proceed to mediation or trial. Mediation is a voluntary process where a neutral third party helps the parties reach a settlement. If mediation is unsuccessful, the case will go to trial, which can take anywhere from 6 to 18 months, depending on the court’s schedule and the complexity of the case.

7. Settlement or Judgment (1-3 months)

Once a settlement or judgment has been reached, it can take approximately 1 to 3 months to finalize the legal process. This includes drafting settlement agreements, obtaining court approval, and disbursing the settlement funds. The length of this final stage can vary depending on the court’s schedule and any potential appeals.

FAQs

1. How much compensation can I expect for a spinal cord injury lawsuit?

The amount of compensation you can expect for a spinal cord injury lawsuit depends on various factors, including the severity of your injury, the impact on your daily life, and the negligence of the defendant. Your attorney will work with you to assess the damages and determine a fair settlement amount.

2. Can I still file a lawsuit if my spinal cord injury occurred a long time ago?

The statute of limitations for filing a spinal cord injury lawsuit varies by state. It is best to consult with an attorney to determine if you are still within the time limits for filing a claim.

3. Will I have to go to court if I file a spinal cord injury lawsuit?

While most spinal cord injury lawsuits are settled out of court, there is a possibility that your case may go to trial if a settlement cannot be reached. Your attorney will be prepared to represent your interests in court if necessary.

4. Can I switch attorneys during the course of my spinal cord injury lawsuit?

If you are unhappy with your current attorney or feel that they are not adequately representing your interests, you have the right to switch attorneys. However, it is important to consider the potential impact on your case and discuss your concerns with your attorney before making a decision.

5. Can I handle a spinal cord injury lawsuit on my own without an attorney?

While it is possible to handle a spinal cord injury lawsuit on your own, it is not recommended. The legal process can be complex, and insurance companies often have teams of lawyers working to minimize their liability. An experienced personal injury attorney can help protect your rights and maximize your chances of receiving fair compensation.