Getting injured at work is not only a very difficult experience physically, but it’s also very disruptive. You might not be able to go to work, you may suffer from pain and are trying to recover, you might be having financial problems, and on top of all this, you need to go to court to get the compensation you deserve. Going to court for any problem is a serious matter that can exhaust even a normal, healthy person. When you are already facing personal problems, this is even more stressful.
When people get injured at work, their first reaction is to spend their time in recovery and get things in order with themselves. While recovery is an essential part, and many people can even be bedridden for several months, if you are able to move, then you should start the legal process. If a loved one still hasn’t returned from the hospital or is not in the physical condition where they can go to court to testify at trial, then wait for them to recover, and as soon as they can, they should go to court. If you are unable to solve the issue with your employer, and you are having to solve the issue through the court system, then understand it won’t be a quick or easy process.
Civil cases can often take quite a while to be concluded, and injury claim problems do take time. Some people might be struggling to get over the trauma of the accident, but if they want to win any compensation, they need to make moves fast. There isn’t a lot of time to waste in this process, and this is why you should be quick.
1. Time
Even if you take quick action, you should know that it will take time to actually get a hearing date. More importantly, before you can put your case forward, there is a lot of other work that you need to do. For instance. You need to get the right evidence together, you need to study your case and create a strategy, and your lawyer needs to look into references that can be used. In fact, just finding the right lawyer can often take weeks. If you haven’t been in this situation before, you need to find out what kind of lawyer will work best for you. Then gauging their capabilities and taking a final decision is another matter in itself. All of these things take time.
2. Regulations
The legal system itself also presents some challenges in terms of time. As a defendant, you only have a certain amount of time within which you can file the case and take it up in court. In different states, the amount of time varies, but the legal team at HelpingInjuredPeople suggests that at a maximum you have 3 years and at a minimum, 6 months. If you take more time than what is allowed, you won’t be able to file a case at all. While this might seem like ample time, when you factor in case preparation and recovery, this is no time at all.
3. Proceedings
When you file a case, it is not as simple as gathering your documents, getting a lawyer, and going to court to solve the matter. There are a number of legal processes that have to take place and several things that the court has to do before they can reach a final decision. All of these different steps take time, and just the discovery phase can take several months, a year, or even more. The amount of time for different stages of the case will depend on the nature of the problem and the complexity of the situation. Overall, it’s not uncommon for injury claim cases to take several years to reach a conclusion. That’s why you want to prepare beforehand, so you aren’t investing any more time in the legal proceedings.
When you are filing an injury claim case against your employer or the insurance company, they are going to be resisting this claim. If they acknowledged your problem and realized that the error was on their end, they would settle the matter regardless. When the matter goes to court, you are fighting for your rights, and they are fighting to get off the hook as easily as possible. They might tempt you with an out-of-court settlement, and if you don’t take that up, they will definitely give you a tough time in court. The best tactic in this regard is to waste time and prolong the matter. Therefore, in nearly every aspect of an injury claim case, time is of the essence.