There are many factors that can impact the length of a catastrophic injury case in DC. Typically, the nature of the case, the number of witnesses involved, the number of parties involved, the number of attorneys, and the incriminating factors impact the overall length of a trial.
If you have suffered a catastrophic injury due to the negligence of another, it is important that you retain a catastrophic injury lawyer as soon as possible. The length of the trial can often be overwhelming, and it is important to have experienced legal counsel to help guide you through it.
Preserving the Record
Whenever there is an important issue, it is likely to be heavily disputed among the parties. A qualified and trained personal injury attorney in Washington, DC will take the necessary steps to preserve the written trial record, which means making sure that the position is clear, relevant objections are made, and the witnesses are cross-examined thoroughly on any issue in controversy.
Should that issue be determined in favor of the other party, that issue is preserved if there is a need for an appeal. Depending on the complexity of the record, the length of a catastrophic injury case in the District of Columbia can vary.
Multiple Defendants
The litigation proceeds in exactly the same manner, regardless of the number of litigants for either side. In general, it is approximately 18 months from the time that a DC catastrophic injury case is filed until trial, however, the exact time depends on a variety of factors.
The court instructs the jury that their determination should be no different, even if there are multiple defendants. Some people mistakenly believe that a person is entitled to a higher award if there are more defendants. This is contrary to the rules of court and the court will instruct the parties not to do this.
There are a few restrictions placed on litigants with regard to health privacy laws. Once a person places their medical condition at issue in a case, which means that they claim to have been injured and files a lawsuit against another party alleging fault in the injury, they are waiving their rights to medical records privacy.
A catastrophic personal injury attorney will draw upon their knowledge, training, and experience to formulate the arguments necessary and present the requisite evidence to establish the burden of proof for all of the defendants in the case. Depending on the severity of the case, the length of the catastrophic injury case can differ in Washington, DC.
Statute of Limitations
The statute of limitations is a law that sets the time limit by which a case must be filed or conclusively settled and resolved. In DC, there is a three-year statute of limitations for catastrophic injury cases. There is a different statute of limitations for claims involving the death of a person.
It is always best to consult with a qualified and trained personal injury attorney on the applicable statute of limitations. Although a non-attorney can read the statutes to determine what the statute of limitations is, it is not advisable for anyone who does not have a law degree and experience in handling similar types of cases because a small miscalculation or misinterpretation of an exception could result in a claim being time barred.
Correctly handling and understanding the statute of limitations as it applies to a case can have an impact on the length of the catastrophic injury case in DC.
Limitations Considerations
Generally, in a catastrophic injury case, the statute of limitations will begin to run on the day that the incident occurs.The statute of limitations does not affect the deadline by which the case must be tried. It only applies to the date by which the lawsuit must be filed.
The statute of limitations differs for a minor. It does not begin to run until that person reaches the age of 18 in most instances.
The statute of limitations is a strictly construed rule, with limited circumstances that would allow a case to be filed beyond the statute of limitations. Thus, it is an important factor when someone has been injured and should be treated as other legal issues. The statute of limitation and filing decisions should be made with the advice of experienced counsel.