The answer to the question, how long does it take to file a lawsuit, is going to vary depending on the situation. Most personal injury lawsuits take a few months to process and get ready to go to trial. However, some cases such as employers’ liability lawsuits or medical malpractice lawsuits can take several years before the litigation is ready to begin.
The longer the time frame between the filing of the complaint and the filing of the answer, the longer it will take to obtain relief from whatever damages have been awarded. It is very important that plaintiffs obtain the necessary information as quickly as possible so they do not lose too much time and get nothing in return for their time and sacrifices.
To start answering the question, how long does it take to file a lawsuit, one must understand the nature of the case law that prevails in the county in which they are filing the lawsuit.
In many instances, case law will be in favor of the plaintiff. For example, if the victim or victims of an automobile accident in one county are seeking damages in that circuit, they may succeed in having a judgment set aside if the judge in the court does not consider them to be a realistic candidate for damages. The same is true if they are seeking damages in a criminal case in another state.
Case law also tends to be very complex, so in order to be sure that the lawsuit is filed on the right footing, it is advisable to retain a qualified attorney to represent the plaintiff on a contingency fee basis. (In other words, for a percentage of any future settlement) An attorney should make every effort to have the lawsuit properly filed on time so all proper procedures are followed and the case can be handled to the end that it should ever arrive.
As an answer to the question, how long does it take to file a lawsuit, the parties involved in the lawsuit should first determine how much money they have to spend on the lawsuit.
If it is a personal injury lawsuit, it may take months or more to get the answer to this question. In some cases, the answer to this question may come as the result of an arbitration or mediation session that the parties have scheduled. Once the parties have determined how much they have to hire an attorney for the case, they should file the answer to this question with the court.
Once the answer has been received by the court, it will become a matter of precedence.
The courts always maintain precedence over statutes of general applicability and will thus apply the prerequisites that are required for filing the answer to the complaint in the particular case. One of the considerations that must be made when answering how long does it take to file a lawsuit is whether the complaint was properly drafted.
A well-written complaint contains sufficient averments, limitations, exclusions, exceptions and requirements to establish a clear claim to the district court. Any errors or omissions should be raised and, if appropriate, corrected at this point.
The answer to this question may be determined by examining the statute of limitations on the date that the case was filed.
If the plaintiff did not file the case within the statute of limitations, the case must be dismissed. It is also important to note that the courts have exclusive jurisdiction over non-custodial parents. Thus, a child custody case must be submitted to the courts within a certain period of time after the date that the parents signed a separation agreement or child custody papers.
If the case is submitted after the statue of limitation expires, the court will entertain the case only if the plaintiff can establish that the failure to file the case within the applicable timeframe resulted in the granting of the divorce decree.
One of the most important factors that will determine how long does it take to file a lawsuit is the quality of representation that a lawyer has.
Even though a lawyer may represent several clients on a single case, he or she must take care to ensure that each of those clients has a clear understanding of the case’s specifics. Furthermore, the lawyer must have an expert understanding of local laws and how those laws might apply to the case at hand. A good attorney will not attempt to win a case based solely on whether or not the other party can afford to go into court.
