Many factors are being taken into consideration during the pre-litigation and litigation phases of your case, and there is no exact time frame for determining how long your case will take. However, there are some factors that can help determine the length a case might take.
When a client comes into our office for the first time, many questions are forming in the attorney’s mind.
The attorney needs to know what you want to achieve: whether it’s suing your former employer for retaliation after a work injury or trying to get help receiving workers’ compensation benefits. The attorney also wants to find out information regarding your case in general.
The attorney needs to know where you were injured in order to determine venue, and he or she will need to find out what jurisdiction can handle your case (be it federal or state court or even arbitration). All these factors affect the length of time that it takes to resolve a lawsuit.
More severe cases can sometimes mean that the case involves a larger amount of damages.
During your initial consultation with our office, you’ll discuss the specifics of the case with the attorney. The attorney needs to know what type of case you are looking to file, and sometimes, this can be multi-faceted.
For example, if you were hurt on a construction site due to the negligence of another company or contractor, your employer itself might offer you workers’ compensation benefits, but you still have further opportunities to receive any entitled damages. In this situation, you might need help filing a workers’ compensation claim with your employer, and you might consider a third-party suit against the negligent contractor.
Some cases simply take longer to litigate than other cases due to the complexity of the case facts. In many instances, a lawsuit for damages might involve only the plaintiff and defendant. If the defendant is easy to serve and cooperative during the litigation phase, the case generally runs much more smoothly than in an instance where the attorney must research who really needs to be sued and track that person or party down.
Also, depending on the injuries you sustained in your work incident, the case might take longer. When a person has severe and extensive injuries, it takes longer to treat the patient. More severe injuries can sometimes mean that the case involves a larger amount of damages. If that’s the case, then the opposing side is often fighting us tooth-and-nail in order to prevent you from receiving those damages. To fight back, we will be taking depositions, asking for production of discovery items, and ensuring that we are fighting for all entitled compensation on your behalf.
Often, location has a lot to do with the litigation phase. It’s important for the attorney to take time to research information regarding the location of your injury in order to decide where to file suit.
Jurisdiction, along similar lines, will determine the type of court that will handle your case. This is determined by the type of case, the defendant, and how much the case is worth. Sometimes, the case is at the mercy of the court that is handling it.
When it comes to waiting for a case to resolve, it takes patience and understanding. Our attorneys take the time to ensure that proper parties are being sued and all research is being conducted in order to end up with a resolution that is fair and just for you.