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You can drop your personal injury claim at any time. If your statute of limitations has expired, dropping the case may mean that you are not able to bring it back to life if you later change your mind. You should talk to your lawyer and discuss the consequences.
Complaint and Answer Phase. It is usually filed in the county where your injury occurred or where the party who injured you (defendant) resides. After filing, the Complaint is personally served on (delivered to) the defendant(s). The defendant must answer the Complaint in a set period of time, usually 30 days.
The Personal Injury Lawsuit is Filed Every state's pretrial procedures are different, but generally it will take one to two years for a personal injury case to get to trial. Keep in mind that a lawsuit needs to be filed within strict time limits that every state has set in a law called a statute of limitations.
Four percent to five percent of the personal injury cases in the United States go to trial. 95 percent to 96 percent of personal injury cases are settled pretrial. (Source: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics Bulletin, Federal Tort Trials and Verdicts).
Personal injury cases usually take quite some time to settle or resolve. The reasons a case can progress slowly can be summed up into three general points: Your case is slowed down by legal or factual problems. You have not reached maximum medical improvement from your injuries (this will be explained below)
If you decide you no longer want to continue a case at some point during the process, or if you and the other party reach a settlement, you can drop your lawsuit by filing a request for voluntary dismissal.
Under the federal rules in the United States as well as under the rules of many of the states, the plaintiff can dismiss the lawsuit freely and without restriction at any time prior to the defendant filing an answer to the complaint. If this happens, the plaintiff is free to refile the suit at a later time.
You can drop your personal injury claim at any time. If your statute of limitations has expired, dropping the case may mean that you are not able to bring it back to life if you later change your mind. You should talk to your lawyer and discuss the consequences.
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