If you have a personal injury claim, there is a good chance that you hope to see your compensation sooner rather than later. Yet, if it goes to court, there is no denying that it may get tied up for months – or longer.
The good news is that when you work with a skilled personal injury attorney, you can feel confident that negotiations and settlements are a top priority. Will that mean having to go to court? Will there be a trial? Perhaps. It all depends on the parties involved and the complexities of the case.
Filing a Claim: The Demand Letter
From the moment you are injured, a clock begins ticking. While it can vary based on your location, the statute of limitations for filing a personal injury claim in Tennessee is one (1) year from the date of your injury. As quickly as possible, you will want to gather evidence, get medical attention, and hire a personal injury lawyer.
The goal is to be able to prove that the other party is at fault — that their negligence or failure to provide duty of care caused your accident and injuries to occur.
Once all evidence is gathered and ready to go, your attorney will draw up a demand letter. This is a document that will put them on notice of the injuries and the amount of compensation you are seeking. It will be sent to the insurance company requesting payment or a response within a specific timeframe.
Demand letters in these situations typically kick off negotiations. And many times, this is all that is needed to settle the case.
Why Do Personal Injury Cases Go to Court?
Unfortunately, negotiations are not always successful. Sometimes insurance companies won’t settle, such as in situations involving:
- Minor injuries
- Disagreements as to the specifics of the claim itself or the amount of damages
- Complexities in the case
- Poor negotiation skills on one or both sides
- Questionable statute of limitations or other legal issue
- Lack of financial resources
If the other party is citing contributory negligence, the case may also find its way to court. This is when they claim that you played a role – or contributed – to your injuries.
What To Expect if Your Personal Injury Case Goes to Court
In the event of any of the above situations, a lawsuit will be filed with the appropriate court. There will be hearings and discovery, a time in which pertinent information is gathered from either party – including evidence to support their position.
Judges will often request that the parties go through mediation. This means working with a mediator in an attempt to try to settle the case without going to trial. If the negotiations still are not successful, a trial date will be set.
The trial will involve presenting the evidence and arguments of both parties with a verdict being presented at the end. These can require a lot of time and dedication to see it through.
How long this court process will take depends on the court’s calendar and the willingness of the parties to keep the case moving forward. Generally, you can expect it to last at least a few months.
Let Us Handle Your Personal Injury Claim
If you have been injured and are in Kingsport or the surrounding areas, let us help. The attorneys at Hawkins, Bingham, & Miller are highly experienced personal injury attorneys — and great negotiators, too.
You can always feel confident in the outcome when we fight for your rights and compensation.
Contact us today for a free consultation.