Q: Lawsuit in discovery mode… when am I getting a settlement offer?… finished treatment Dec.8th now. IT’s January 28th…
Incident happened August 24th (nied)… treated for 3 months… last session was dec.7th…. Called attorney says claim is in discovery mode….. how long left til claim is done? When should I expect a settlement offer?
A: This question should be presented to your attorney. He is being paid for this. In general, settlement can take a few weeks to a few years. Where your case fits along that spectrum depends on facts, which we don't have.
ASK YOUR LAWYER THAT QUESTION..........S/HE IS BEING PAID TO KEEP YOU UP TO DATE.
PS: BEFORE YOU GET TO DAMAGES, YOU HAVE TO EXAMINE LIABILITY. IF YOU CAN'T PROVE THAT, THEN YOU WILL NOT GET AN OFFER IN ALL LIKELIHOOD +
IN ADDITION, THE INS CO WILL LOOK INTO YOUR PRIOR MEDICAL HISTORY.
CLIENTS AREN'T ALWAYS THE BEST HISTORIANS AND DON'T TELL THEIR LAWYER AND DOCTOR ABOUT ALL PREEXISTING ACCIDENTS/INJURIES
A: The best person to ask would be your attorney. Is there a pending lawsuit or a pending claim? If it's a claim against the adverse insurance company, then settlement can takes from weeks to months. If there is a lawsuit the settlement will probably come after discovery... which generally takes from 6-18 months depending upon the circumstances of your case. Your attorney knows best.
A: If you want to settle your case, then you should make a settlement demand. The defendant is not going to just offer you money (typically). You have the burden of proof if the matter goes to trial. Maybe the defendant does not think you have a good case and they intend to take it to trial.
A: It's difficult to say exactly when you can expect a settlement offer, as every case is different and depends on a number of factors, such as the complexity of the case and the negotiation process. In general, a settlement offer can be made at any point in the legal process, including during discovery. However, it's important to note that settlement offers are typically not made until you have completed your medical treatment and your attorney has obtained all necessary information related to your damages. You may want to speak with your attorney to get a better understanding of the timeline for your particular case and what factors may impact when a settlement offer is likely to be made.
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