This process could take anything from 1 month to much much longer. Asking for a trial date early in discovery is important. Your trial date will be used as an anchor in your case for timing.
Your trial date will likely be 9 months to a year from the date you ask — and that time between is spent gathering information, speaking to witnesses, getting information to experts, etc. Trial — if you have a trial, it will take days in most serious injury cases. This is why injury cases can take up to 2 years to resolve. Sometimes this is to give the parties additional time to settle the case.
Other times, the court simply has a conflict. Find your State. Free personal injury guides for download to print or save. View all downloads. Tell your story - What would you want others to know? Tell us what happened in your accident, and how life has changed for you. Search our directory for personal injury law firms. See our guide Choosing a personal injury attorney.
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Student Center. They should then research law firms that practice injury law and find a lawyer they are comfortable with and have confidence in. An accident injury victim who has a personal injury claim should continue to follow the advice of medical professionals. They should keep their doctor updated on changes to their condition and informed as to the effect on their ability to work, do housework, valuable services around the home, and activities that are restricted.
Any time they see a new treatment provider or doctor they should update their lawyer on this. A person who has been injured at the fault of another in a car accident only has a certain amount of time to file a claim. This deadline or limitation period varies by province. See our Restrictions and Timing page for more information.
The following provides a more detailed description of the steps involved. Seeking medical treatment immediately after your accident is critical. All issues should be brought to the attention of the emergency room physician, family doctor, and treatment providers. A problem that is not the focus early on can sometimes develop into the most long-term and serious injury. If this problem is not referenced to a medical person in the immediate aftermath of the accident, then the insurance company will argue that it was not caused by the accident.
They will try and argue that injury was not caused by the accident. Search for lawyers or law firms that specialize in personal injury claims. Law firms that do not go to court may not be taken as seriously by the insurance company as those that do.
Ask the law firm you hire which lawyers at that firm do the trials and then look for their name on services such as Canlii. Make sure the firm has the resources and depth of people that they can advance your claim without delay.
People who are injured at the fault of another and who are pursuing a civil claim for damages have a duty to mitigate their damages. This could take just as long as going to trial. Only the class representative gets a say in settlement negotiations, so the process calls for court approval as well as public hearings before it can officially approve a settlement. Once the court approves a settlement offer, it can put a plan in place to pay out damages to class members.
Many factors contribute to how long it takes to settle or complete class action litigation. Most of them are out of your control, and there is little you can do to speed up the process. Smaller classes and less complex cases are easier to handle.
Complex cases with thousands of class members may drag out even longer than the typical class action suit. Procedural delays are almost inevitable in a class action suit, but the fewer disputes the better when it comes to saving time.
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