When you are injured in an accident that is someone else’s fault, it can be a challenging time. You are faced with hefty medical bills, lost income and other damages that can make a serious impact on your life.
Fortunately, you may be eligible to seek compensation for your losses by filing a personal injury lawsuit. But what is the process?
Complaint
A person who is injured in an accident or because of the negligence of another can file a personal injury lawsuit against those parties. This can be for compensation for medical bills, loss of wages and other costs associated with the injury.
The process of filing a personal injury lawsuit is long and complex, but it’s not impossible if you have an experienced attorney by your side. Your attorney will make sure you comply with New York’s statute of limitations and monitor developments throughout the litigation process.
Once we establish that there is a legitimate case, your attorney will file a complaint in the appropriate civil court. This is an official document that lays out your allegations against the defendant, explains how the defendant’s actions caused you harm, and asks the court to order them to fulfill certain requirements.
Your complaint will also contain jurisdictional allegations, which indicate where you are bringing your claim and what law is cited in support of your assertions. It will include factual allegations, which describe your version of how the accident occurred and how you were harmed.
Your lawyer will then serve the defendant with a “complaint and summons” that must be served within a specific amount of time (typically twenty or thirty days). The defendant must then file an answer in response to your lawsuit, admitting your allegations or denying them. This is where your lawsuit enters the discovery stage, which accounts for most of the timeline in a personal injury case.
Discovery
Discovery is a period of time during which each party gathers information about the other side’s claims and defenses. This is a crucial part of the lawsuit because it allows each side to build a stronger case and ensure that all available evidence will be able to be used in court.
This phase can last up to a year, and it is important that each party responds to all requests as promptly and truthfully as possible. If a party fails to do so, they may be found in contempt and have to pay the other parties’ attorney’s fees.
The discovery process in New York personal injury cases can be conducted through a variety of methods, including written and oral interrogatories. It also involves production of documents and witness interviews.
During the course of the discovery process, each side’s lawyers will assess whether they want to move forward with a trial or negotiate a settlement for their client. Generally, courts encourage parties to settle their cases before trials, which can help them avoid a lengthy trial process.
It is also important to know that in some cases, the defendant’s insurance company may offer to settle the case during the discovery phase. This can be an attractive option to many people. However, it is not always a good idea to accept such offers. It is best to discuss this with your lawyer so that they can weigh the benefits and disadvantages of each option.
Pretrial
A personal injury lawsuit is filed when you have been injured in an accident or through the negligence of another person. This is done to seek compensation for your damages, which include both economic and noneconomic losses. Damages can include things like medical bills and invoices, lost wages, and pain and suffering.
A lawyer will help you file the proper documents and make sure they are filed on time. This is important because you have a limited amount of time to file a claim.
Then, your case enters discovery, which is the phase of the litigation when both sides work to collect evidence and build their cases. This can take months or even years, and is where you and your attorney exchange documents, witness statements, and other information.
After the discovery stage, you and your attorney will prepare to go to trial. At trial, your case will be presented to a judge or jury who will decide if you are entitled to compensation for your injuries.
In many cases, a settlement is reached at the end of this process before you go to trial. These settlements can be either lump-sum payments or structured settlements. In addition, some counties may offer a program called PTI (Pretrial Intervention Program).
