What Is the Timeline of a Car Accident Lawsuit in Oregon?
When you are in a car accident, you expect to receive compensation from the incident quickly, allowing you to fix your car, pay your medical bills, and move on. Unfortunately, this does not always happen. There are many instances in which a car accident lawsuit becomes a necessary step in the process, especially if insurance companies are unwilling to provide you with the financial compensation you are owed. At Paulson Coletti Trial Attorneys PC, we often receive questions about the timeline of a car accident lawsuit in Portland, OR. Here is what you can expect.
Determine What Your Losses Are
After reporting the car accident to the police, completing a detailed outline of what happened to the police, and waiting for the fault to be determined, the next step is to determine what your losses are. Our Oregon car accident attorneys will work closely with you to evaluate what occurred in your case and determine your losses.
Typically, you will need to understand the value of your losses, including:
- Medical bills
- Property damage
- Lost time at work
- Losses related to earning capacity
- Long-term injuries and rehabilitation needs
- Changes to your home
- Pain and suffering
- Emotional trauma
All of this information must be fully understood – including what your losses are to this point as well as what you can expect your losses to be in the coming years. This must be done before we can approach the insurance company to demand compensation. Let our car accident attorneys in Oregon help you with that process.
We Work Towards a Settlement
In Oregon, most car accidents are settled out of court, which is typically good because it reduces the cost and delays that come with a trial. However, our attorneys will not allow you to suffer financial losses here – if the insurance company is not willing to provide you with fair compensation, we will take the next step to pursue financial compensation through a lawsuit. Here is what you can expect:
- We gather evidence to support your losses.
- Our attorneys go to work to develop a settlement demand letter.
- We present it to the insurance company and answer any questions.
- They negotiate with us, and we ensure your rights remain protected.
- If they will not settle fairly, we will file a motion to seek compensation in a court of law.
What Happens When We Need to Go to Trial?
Going to trial after a car accident will take time, but the process is sometimes necessary to ensure you receive full and fair compensation for your losses. The process means filing a request to the court to get involved in making decisions about compensation after your car accident.
There are numerous steps that take place in this process, too:
- We file a motion in court.
- The other party is then notified and given time to begin their investigation.
- A process of discovery occurs in which you may be required to provide a statement or answer questions. We will guide you through that process.
- A hearing is set.
- The court ultimately hears the case and then decides on the outcome.
This process can take time. In Oregon, this may take several months to several years, depending on whether the other party delays the process with motions or other legal steps. Our primary goal is always to work towards expediting the case so that you are never waiting too long for the financial compensation you are owed.
You Have a Limited Amount of Time to File a Claim
Oregon lawsuits for personal injury have a time limit. That is, you must abide by the statute of limitations for the state of Oregon. This means that you must file a claim for any losses you have in a personal injury case like this within 2 years of the date of the accident. If you do not do that, you may be faced with the inability to obtain compensation from the responsible party. This falls under the Oregon Revised Statutes, Section 12.110.
While 2 years can seem like a lot of time, there is quite a bit to do during that period. The sooner we can help you, the easier it is to find available evidence and witnesses in your case. We encourage you to reach out to our Oregon car accident attorney now for immediate help.
So, What Is the Expected Timeline For a Car Accident?
As noted, it is not possible to provide a specific timeline for what you can expect to occur in your case. However, you can expect:
- Time for the initial claim to be filed to the insurance company after all data is collected and evidence is understood. This generally takes several months after the accident, depending on the complexity of the case.
- The insurance company is tasked with paying out compensation in a timely manner, but that does not mean they always do. In fact, you can expect them to delay the process as long as possible. This initial process may take several months. If the insurance company refutes claims, it could take longer.
- Going to trial will further extend this period, often another 1 or 2 years, depending on the complexity of the case. Again, we want to ensure that you go into these situations with as much information as possible to reduce the risk of long delays.
We can work diligently to speed up the process. We also work closely with our clients to ensure they receive full and fair compensation for all their losses. It is a delicate balancing act that our experience allows us to master well.
Schedule a Free Consultation to Discuss Your Case with Us Now
Call Paulson Coletti Trial Attorneys PC, to learn more about your legal rights. Our Oregon car accident attorneys can offer a free consultation to discuss what you can expect throughout this process, including providing you with a clear timeline for car accident lawsuits in the state. Do not wait to give us a call.