Until you decide to turn your personal injury claim into a lawsuit, your case stays out of court. During the claims process, negotiations will take place, and you and your attorney can write a demand letter, to which the insurance adjuster will likely respond with a counteroffer. However, if the claim stalls or negotiations are not fruitful, you can get the personal injury lawsuit process started by filing a complaint in the local branch of your state’s civil court.
It is important to understand the statute of limitations in your state for personal injury lawsuits. You do not want time to run out on your chance to take your case to court. In Colorado, the statute is generally 2 years for most personal injury cases, such as car accidents or slip and fall accidents. If the time runs out on your case, you will lose your chance to take your claim to court.
Beginning Lawsuit Activity
Your lawsuit begins when a complaint is filed in civil court within the statute of limitations, though nothing truly begins until the defendant is formally served. In some cases, the prospect of facing litigation might induce some insurance companies to take negotiations more seriously. If not, discovery is the next phase of the legal process.
During discovery, both sides collect as much evidence as possible. This sometimes includes interrogatories, wherein a witness is questioned by both attorneys, under oath. For cases involving large sums of money, this process can be time-consuming and involve procedures known as depositions, wherein a witness is questioned by both attorneys with the hope of finding new information.
Taking a Lawsuit to Trial
When you set a lawsuit for trial, you are asking the court to assign a date for it to begin. This is typically the responsibility of the attorney and may even be used as a tactic against an insurance company. The pressure of a trial date may sometimes encourage the insurance company to provide a reasonable offer.
If the offer is still unreasonable, and negotiations have failed, your lawyer will take the case to trial.
A Law Firm With a Track Record of Success
Founded in 2003, the skilled and experienced team at Denver Trial Lawyers ® has represented thousands of clients seeking just compensation for their injuries, and have obtained over $3 million on behalf of them. Many of our personal injury lawyers hold records for largest verdicts obtained in certain areas of practice and have been recognized for their excellence and skill in the courtroom.
If you or someone you love has been injured due to someone else’s negligence, you have a right to hold that person accountable. Contact us today at 303-351-5929 for a free case evaluation.