The vast majority of people that become the victim in a personal injury accident case know very little – if anything – about the legal process involved in a litigating a personal injury accident case. Understandably, a number of questions come up as the litigation process takes its course. Once the plaintiff (the personal that was injured) hires a personal injury accident attorney they simply put the case in his hands and don’t worry about it. Many victims, however, continue to have questions. There is nothing wrong with asking questions – after all it is YOUR personal injury case and a victim has every right to understand the legal process. The bottom line is that you are the one that was injured and it is your compensation at stake. Once question that clients frequently ask according to California personal injury attorney Emery ledger of Ledger & Associates is “Why haven’t you filed an actual lawsuit yet?” It is a very reasonable question – especially considering the way litigation is portrayed on television!
The reality is that unlike television legal dramas, a plaintiff does not walk into a law firm on day one, the lawsuit is filed on day two and the case is tried in a court of law on day three! In real life, if a personal injury accident case actually goes to trial it may take a year or more before the case reaches the courtroom. So you may be asking “isn’t it better then to file a lawsuit as soon as possible?” Again, a logical question but the answer is that in most cases no, it is not a better strategic move. In order to understand why your personal injury accident attorney may choose not to file an actual lawsuit right off the bat, you need to understand the typical progress of a personal injury case. When the victim hires an attorney, the attorney contacts the insurance claims adjuster or representative to let them know the victim has hired counsel. Once the victim has finished all her medical treatment, the attorney will make a settlement demand from the insurance company. In many cases, the adjuster is authorized to settle a personal injury accident case. This is especially true when negligence is agreed upon and the victim’s injuries are not severe. The significance of this is that the legal counsel for the insurance company has not yet become involved. Therefore, the insurance company has not incurred legal fees. This is an important point and one of the main reasons that your personal injury attorney will often hold off filing an official lawsuit.
If your personal injury attorney believes that the claim can be settled out of court then he will attempt to do so. As soon as an official lawsuit is filed, the insurance company may be unwilling to settle or will only offer to settle for much less as they are now incurring huge legal fees. Make no mistake, an experienced and qualified personal injury attorney will be aware of the statute of limitations (the time frame within which the lawsuit must be filed) and be prepared to file the lawsuit if settlement is not likely. He may, however, hold off in an attempt to get you the most compensation possible without having to go to trial.
If you have any additional questions, or would like to receive a free and detailed evaluation of your California personal injury case, please contact attorney Emery Ledger of Ledger & Associates through his website at www.ledgerlaw.com or at 1-800-300-0001. For more information on statutes of limitation read: Personal Injury Statutes of Limitation
