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The path through the legal system after an injury is often a source of unease. A case moves through distinct steps in a personal injury lawsuit, from gathering facts to reaching a resolution. A personal injury law firm in NY can help guide you through the steps, offering protection and support along the way.
The First Moves: Before a Lawsuit Is Filed
Before anyone steps into a courtroom, a lot of work happens behind the scenes. This initial phase sets the foundation for your entire personal injury claim. It’s about gathering information and attempting to resolve the matter directly with the responsible party or their insurance company.
Hiring a Lawyer and Investigating the Incident
After an injury, one of the first steps is to consult with a personal injury lawyer. Your attorney begins by conducting a thorough investigation into the accident that caused your injury. This involves collecting all relevant evidence to build a strong case.
This investigation may include:
- Accident Reports: Your lawyer obtains the official police or incident report from the scene, whether it was a car crash on the Brooklyn-Queens Expressway or a slip and fall at a Mineola shopping center.
- Witness Statements: Your attorney speaks with anyone who saw the accident happen to get their account of the events.
- Photos and Videos: Pictures or video footage from the scene, which might include surveillance footage from nearby businesses or traffic cameras, are powerful forms of visual evidence.
Your legal team uses the evidence to identify every party that might be responsible for your injuries. This could be a single driver, a property owner, or multiple entities.
Calculating Your Damages
While the investigation is underway, your lawyer will also work to understand the full extent of your losses, known as damages. This detailed process will consider both your current and future expenses related to the injury.
It’s not just about the medical bills you have now, but also what you might face in the future.
Sending a Demand Letter and Initial Negotiations
Once your medical treatment is complete or you’ve reached Maximum Medical Improvement (MMI), your attorney will have a clear picture of your total damages. They will then compile this information into a formal demand letter.
This letter is sent to the at-fault party’s insurance company, officially starting the negotiation process. The demand letter outlines the facts of the case, explains why their client is responsible, details your injuries and damages, and demands a specific amount for settlement.
The insurance company will review the letter and respond. Their response is typically a counteroffer, which is frequently much lower than your lawyer’s demand. This response kicks off a period of back-and-forth negotiations as both sides work toward a number they can agree on.
The Lawsuit Process: Taking Your Case to Court
If settlement negotiations stall or the insurance company refuses to offer a fair amount, your lawyer may recommend filing a personal injury lawsuit. Most personal injury claims resolve before a trial becomes necessary.
However, initiating a lawsuit is sometimes the only way to get the other side to take your claim seriously. This is where the formal steps in a personal injury lawsuit truly begin in the eyes of the court.
Filing the Summons and Complaint
A personal injury lawsuit formally begins when your lawyer files two documents with the appropriate New York court: a summons and a complaint. Depending on your case, this may happen at the Supreme Court building on Centre Street in Manhattan or the Nassau County Supreme Court in Mineola.
The complaint outlines your allegations against the person or entity you’re suing (the defendant), explaining how they were negligent and the harm they caused you.
After filing, these documents are officially delivered to the defendant, a process called service of process. The defendant then has a limited time, usually 20 to 30 days, to file a formal response, called an answer.
The answer is the defendant’s opportunity to admit or deny the allegations and raise any legal defenses they might have.
The Discovery Phase: Uncovering the Facts
After the initial pleadings are filed, the case enters a lengthy stage known as discovery. During discovery, both sides exchange information and evidence. The purpose is to allow each party to see all the facts and prevent any surprises at trial.
The main tools used during discovery include:
- Interrogatories: These are written questions that one party sends to the other, which must be answered in writing and under oath. They often ask for details about the accident and the injuries sustained.
- Requests for Production: These are formal requests for documents and other evidence. This is how your lawyer gets copies of things like medical records, insurance policies, and any internal reports related to the incident.
- Depositions: A deposition is an in-person or remote question-and-answer session where attorneys ask questions of parties and witnesses, who are under oath. A court reporter creates a word-for-word transcript of all the testimony.
The discovery process can take several months or even more than a year to complete, depending on the complexity of your New York personal injury case. As with every other step, your lawyer handles every part of the discovery phase.
Pre-Trial Motions and Conferences
As discovery winds down, lawyers for both sides may file pre-trial motions. These are requests for the judge to rule on certain issues before the trial begins.
For example, a motion might ask the court to exclude certain evidence or to issue a summary judgment, which is a request to decide the case without a full trial.
The court will also schedule pre-trial conferences. During these meetings, the lawyers meet with the judge to discuss the status of the case and try to resolve any outstanding issues. The judge will often use this time to encourage the parties to reach a settlement.
The Final Steps in a Personal Injury Lawsuit: Mediation, Settlement, or Trial
As the trial date approaches, the efforts to resolve the case out of court often increase. Most cases settle during this phase, avoiding the time, expense, and uncertainty of a trial. In fact, 95% of personal injury cases settle before they reach a trial verdict.
Mediation and Renewed Settlement Negotiations
Mediation is a common step that occurs after discovery. It’s a confidential process where a neutral third party, called a mediator, helps the two sides try to find common ground.
The mediator, who is often a retired judge or an experienced attorney, doesn’t make any decisions but facilitates communication and negotiation.
The deposition transcripts and other evidence gathered during discovery play a huge role in these late-stage negotiations. With all the facts on the table, both sides have a much clearer view of their case’s strengths and weaknesses, which often leads to more realistic settlement discussions.
The Trial Process
If all attempts at settlement fail, the case will proceed to trial. A personal injury trial involves several key stages. It begins with jury selection, where the attorneys question potential jurors to select a panel to hear the case.
The trial then proceeds with:
- Opening Statements: Each lawyer gives the jury a preview of what they intend to prove.
- Presentation of Evidence: Both sides present their cases by calling witnesses to testify and introducing documents and other evidence.
- Closing Arguments: The lawyers summarize their cases and argue why the jury should rule in their favor.
- Jury Deliberation and Verdict: The jury goes to a private room to discuss the case and reach a decision. If they rule in your favor, they will also determine the amount of compensation you receive.
A trial can take days, weeks, or even longer. If either side is unhappy with the verdict, they have the right to file an appeal, which can extend the process by months or even years.
How a Lawyer Helps With Your Personal Injury Lawsuit
As you’ve noticed, the legal process is complex, and navigating the steps in a personal injury lawsuit requires specific knowledge and skills. An attorney manages every aspect of your claim, allowing you to focus on your recovery.
Gathering and Analyzing Evidence
Your attorney leads the investigation to gather every piece of evidence needed to build a strong case for you. They know what to look for and how to get it, from securing surveillance video from a shop on Austin Street in Queens to hiring accident reconstructionists to analyze a collision.
Your lawyer then analyzes this evidence to build a compelling narrative that proves the other party’s fault.
Managing All Communications
A lawyer acts as your representative, handling all communication with the insurance companies and the defendant’s attorneys. This protects you from tactics insurance adjusters use to devalue your claim or get you to say something that hurts your case.
You won’t have to worry about answering tricky questions or being pressured into a lowball offer.
Legal Paperwork and Deadlines
Filing a personal injury claim in New York involves strict deadlines and complex legal documents. The statute of limitations generally gives you three years from the date of the injury to file a lawsuit, but for claims against a government entity, you must file a Notice of Claim within just 90 days.
Your attorney manages all paperwork and meets deadlines, protecting your right to seek compensation.
Fighting for Maximum Compensation
An experienced personal injury attorney knows how much your claim is truly worth. They’ll fight back against low settlement offers from insurance companies and leverage the evidence to negotiate for fair compensation. They can take your case to trial if a fair settlement cannot be reached.
FAQ for What Are the Steps in a Personal Injury Lawsuit
How Long Does a Personal Injury Lawsuit Usually Take?
The timeline for a personal injury lawsuit varies greatly. Some cases settle in a few months, while others, especially those that go to trial, can take a year or more to resolve. Factors like the severity of your injuries, disputes over fault, and the court’s schedule all impact how long the process takes.
Do Most Personal Injury Cases Go to Trial?
No, the vast majority of personal injury cases do not go to trial. Around 95% of cases are resolved through a settlement before reaching a courtroom. Negotiation, mediation, and other forms of dispute resolution often achieve a fair outcome without the need for a full trial.
What Is the First Step in a Personal Injury Lawsuit Against the Government?
Your lawyer will file a Notice of Claim, which is the first step in suing the City of New York or another government entity. It’s a necessary step before any negotiations or a lawsuit can begin.
This notice is a legal document informing the at-fault party and their insurance company that you intend to seek compensation for your injuries.
What Happens During the Discovery Phase of a Lawsuit?
In the discovery phase, both sides of the lawsuit exchange information and evidence. This is done through formal requests like interrogatories (written questions), requests for documents, and depositions (sworn testimony).
The goal of discovery is for both parties to understand all the facts of the case before trial.
Can a Case Settle After a Lawsuit Has Been Filed?
Yes, a case can settle at almost any point in the legal process, even after a lawsuit has been filed. Often, the information revealed during the discovery phase prompts one or both parties to re-evaluate their position, leading to productive settlement negotiations.
Many cases settle just before a trial is set to begin.
Take Control of Your Recovery
The legal road after an injury doesn’t have to be a source of confusion or fear. Preparing for the steps in a personal injury lawsuit and walking the path forward with a lawyer on your side provides a sense of control during an uncertain time.
Let the experienced legal team at Finz & Finz, P.C. guide you through every stage, handle the complexities, and fight for the outcome you need. For a free consultation to discuss your case, contact us at (516) 433-3000.
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Finz & Finz, P.C. is a New York and Long Island personal injury law firm based out of Mineola, NY. It was founded in 1984 and is highly rated, with many honors and awards of excellence.
