What to Expect When Filing a Legal Claim

Filing for compensation can be quite draining, especially as a legal claim can take more than a year to resolve. This uncertainty often leaves people feeling stressed, wondering what to expect and what lies ahead. Let’s examine the process involved and what to expect on a good day.

What Goes into a Legal Claim?

A legal claim is a person’s right to make a demand, pursue compensation, or enforce their rights. The first thing that goes into a legal claim is establishing whether a right even exists. Once established, the next factor is determining the wrong that has been committed and the persons involved.

That includes the person making the claim and the other party against whom the claim is made. Sometimes, like when the claim is over a car accident involving different vehicles, the parties may be more than two persons.

Identifying everyone involved helps ensure that the situation is fixed and the right people take responsibility for their actions.

Why Legal Claims Can Take More Than a Year to Resolve

Depending on how serious the issue is, a legal claim can take more than a year to resolve, and here are some reasons why:

1. Gathering Evidence May Take Time

Evidence is the backbone of any legal claim. The type of evidence needed to pursue any claim depends on the circumstances of the case. For instance, where the claim is for personal injury, the claimant will have to present medical records, witness statements, and even the accident report.

Evidence collection helps build a strong case. It can indicate the severity of damages suffered and who should bear liability. Some evidence may even require an expert to analyze and present an official report. Understandably, this may take time and affect the time it takes to pursue a claim.

2. Medical Treatment Is Still Ongoing

If the victim of an accident is still undergoing treatment, it may be too early to pursue a claim. This is because the attorney needs to determine the injury’s severity and if there will be (lifelong) complications.

There are other things to consider, like lost wages from time spent in the hospital and the total medical bills. Until medical treatment is complete, it will be difficult to determine the damages to be claimed.

3. Court Processes Take Time

The courts operate with a schedule/timetable, and your claim may come up only when it is convenient for the court. This is because most courts are overbooked with pending matters, some even taking years to conclude.

So, getting a trial date depends on the court’s opening, which may take a while. As a result, courts tend to fall behind schedule, and parties may opt for an out-of-court settlement.

During the litigation, there is also the issue of the slowed-down process of taking evidence, witness statements, cross-examination, and more. Even after the court resolves the issue, any of the parties may disagree and go on appeal. In that case, the wait continues.

Is a Claim the Same Thing as a Lawsuit?

No! A claim does not work like a lawsuit. A lawsuit requires the claimant to bring the matter before a court by filing an official complaint, exchanging pleadings, taking depositions, and presenting evidence.

However, a claim is simply a person’s demand for compensation, which may or may not be attached to a lawsuit. For example, a claim regarding a car accident can be made by reporting the issue to the relevant insurance company. What often follows this is a call for settlement and negotiations, which parties may settle without needing to go to court.

However, note that there are circumstances where a person may have to file a personal injury claim with the courts. This often applies where negotiations and settlements do not go as planned. In such situations, the claimant may have to bring the matter to the courts for resolution.

Legal Representation Makes Resolving Claims Easier

Unfortunately, filing a claim takes time in most cases. But with the right advice, you can still get through it without stress. Remember that each case is different; there is no fixed way of settling a claim.

That is why it is necessary to get legal advice as soon as possible to get an expert opinion regarding your circumstances. Personal injury lawyers have years of experience, know what fits your case, and can help you recover the most damages.