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What Happens When I File A Personal Injury Lawsuit?

Generally, once a lawsuit is filed, the claim can take anywhere from 12 months to 5+ years. Depending on who you are asking, you will get a different answer as to WHEN to file a lawsuit. For purposes of saving the clients’ MONEY, Herrman and Herrman strives to settle all claims before filing a lawsuit. When there are fewer expenses on a claim, more of the money goes to the client. However, there are certain times when filing a lawsuit is absolutely necessary to settle a claim. When the time comes that you must file a lawsuit on your claim, I have news for you: you had better be a PATIENT person because the litigation process is long and slow.

There are several reasons why litigation takes a very long time:

  • Dockets in courtrooms are behind and inefficient;
  • The defense counsel actually WANTS the case to CONTINUE because the defense firm gets PAID HOURLY. This is a big deal because the very people you are negotiating with have ZERO interest in settling the claim quickly. If the claim settles quickly, then they do not get to bill a bunch of hours;
  • Sometimes the plaintiff firm does not push the case along. At Herrman and Herrman, PLLC the attorneys are instructed to request the Docket Control Conference (DCC) immediately, which sets deadlines and a court date for the case;
  • There are many aspects that go into a lawsuit, including depositions, designation of experts, discovery, research, etc…

Often times, the most important thing to do with a lawsuit is to manage expectations. Unfortunately, there is not much the plaintiff attorney can do to push the process along. Once all of the dates are set, there is a lot of downtime in regards to client involvement. It is important to understand that a lot of the work on a lawsuit is done behind closed doors. So just because the attorney is not talking to you every day, that does not mean the attorney is not working on your case! Be patient and if you hire a good, reputable law firm, you should be in good hands.

If you have been hurt due to the negligence of someone else, please call Herrman & Herrman, P.L.L.C., first!