You will find yourself upset when its been a long time since you filed a personal injury case and nothing has progressed since the case started. In a large number of states, the guilty partys insurance provider doesnt have to expedite settlement. Your case could either be finished quickly or go on even after the trial has ended. Why is it that your case has been delayed for so long?
There are a number of issues which can drag your case. The first is the discovery, which relates to how interested the insurance company is to get to know everything and anything about yourself and the accident. With regard to this, you and your Phoenix personal injury attorney have to get the medical records, bills and other such documents in order. A couple of these should be acquired in a particular way for courts to accept them. This can cost you in terms of money and time.
The next reason is the deposition. This is when a lawyer representing the insurance company queries you comprehensively about all your injuries, the accident, your medical history and the treatments that you have undergone. You will most probably be grilled on every tiny detail possible.
Next up is motion hearing, whereby the lawyer representing the insurance company gets into paranoia and files motions and obtains hearings for motions.
In addition, there is mediation, which is basically a settlement conference sans the formalities of the courts. This can also delay the court hearing. A number of courts force the Phoenix personal injury attorney to try and settle cases outside of courts.
However, arbitration is a totally different matter. Its a binding mini trial whereby an informal presentation is done on the issues pertaining to the case. Also, trials are generally scheduled according to the schedule of the court, not of the lawyer. Therefore, cases can take a number of years to go under trial, more so in urban areas.
Last, but not least, is collection issues. Its isnt abnormal to see someone finding it difficult to get the compensation check from the insurance company or the personal who is supposed to pay you out. The insurance lawyer should have a draft or a check which has been issued by the company. Before they hand you over the money, you should sign a release document and file what is known as a dismissal motion. These procedures are meant to delay payment.
The whole litigation process can take up an extreme lot of time, effort and money. Therefore, it is considered a better option to opt for a smaller amount outside of courts rather than get involved with the courts and end up, perhaps, with a tiny settlement or, sometimes, even an adverse judgment!
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