A personal injury lawsuit involves more moving parts than most people realize. No matter how open-and-shut your case might seem to you, you must still follow all the steps and protocols required by the legal system to obtain the compensation you seek. Even after the court has passed judgment, complicating factors may remain.
The more thoroughly you understand the various phases and milestones involved in pursuing a personal injury lawsuit, the more prepared and less intimidated you’ll feel throughout the actual proceedings. Take a look at some of the key phases in taking a personal injury lawsuit from the initial complaint to the final outcome.
Phase 1: Establishing Your Case
Before you even think about consulting an attorney for your personal injury, you should deal with the immediate aftermath of the event itself. If you can gather eyewitness information and police records, this data may help support your case once you do file. Photographs and videos may also prove useful.
You should seek medical evaluation and treatment for your injury right away. Beyond the obvious benefits of having your injury properly treated in a timely manner, you want to establish that you sought medical care, received an official diagnosis, followed the doctor’s instructions, and underwent treatment with no notable gaps in care.
Phase 2: Talking to Your Attorney
Once you’ve addressed the immediate needs of your injury, you should contact an attorney who specializes in personal injury cases. Even within this realm of legal work, attorneys may focus on specific types of personal injury law, from medical malpractice to auto accidents. Make sure your attorney has experience with your type of case.
The attorney you select will go over the available facts and evidence, including your own reported damages, to determine whether you have a strong enough case to merit filing a lawsuit. If the lawsuit will likely require enormous legal fees with little hope of a satisfactory settlement, your attorney may advise you to drop the case.
Phase 3: Filing the Lawsuit
New York law specifies that most individuals have three years from the date of their injury to file a lawsuit against the person or organization responsible. You may get more time under certain extenuating circumstances, but you should consult your attorney as soon as possible so this professional can help you meet the filing deadline.
If the offending party left the state for an extended period between the injury date and the lawsuit filing date, the court may extend your filing by that amount of time. If you want to file a lawsuit for an underage person with a physical disability, the three-year clock may not start until that person comes of legal age.
Phase 4: Participating in Pre-Trial Activities
After you file your personal injury lawsuit, your attorney will serve the person named as the defendant with the lawsuit, ensuring that this person can’t claim ignorance of the matter. Your attorney and the defendant’s attorney will then participate in a crucial early step called discovery.
Discovery involves meetings in which both sides share case information. During this period, both sides may also make court appearances to settle the details of the upcoming trial. You, the defendant, and key witnesses may also undergo recorded interviews known as depositions. These statements form part of the court record.
These proceedings can have a significant impact on the case, including the determination of whether it should even go to trial. If the defense team feels that your case fails to withstand scrutiny, it may ask the judge to render a summary judgment and dismiss the case. However, the majority of cases survive this request.
Many personal injury cases never make it to trial because the parties involved have agreed to a settlement during the discovery process. In this situation, the defendant’s legal team makes a counteroffer to your compensation claim. If you and your attorney find the offer acceptable, you may agree to this sum instead of taking the case to court.
Phase 5: Trial and Post-Trial Procedures
If you and the defendant don’t settle during discovery, your case will go to trial.
A personal injury trial contributes several steps of its own to the process. First comes jury selection, in which both legal teams get to choose the final body of jurors.
Each side makes an opening statement to establish its view of the case. Your side will present its evidence first, followed by the defendant’s side. During each side’s testimony, the opposing side has opportunities to cross-examine the witnesses who take the stand.
Once both sides have rested their cases, the judge will instruct the jury on how to deliberate correctly. The jury members deliberate in a closed chamber until they can return with a verdict.
Even if you win your personal injury case, the process may not have reached its conclusion. The defense attorney may file a motion to reduce the award amount or set the judgment aside. The defense may also file an appeal on the grounds of an alleged legal mistake or a violation of the defendant’s rights.
If you believe you have a strong case for filing a personal injury lawsuit, you need skilled, experienced legal counsel to help you navigate the many steps, requirements, and complications involved. Siben & Siben LLP has handled personal injury lawsuits and other types of cases for decades. Contact us to request a free consultation.