Understanding the Timeline for a Personal Injury Case in New York
Personal injury lawsuits are different but generally conducted within the same timeline. A lawsuit may be resolved early on or proceed to a jury trial.
Selecting Legal Counsel
Consult a personal injury lawyer to establish the strongest care possible. There are several steps your attorney must take before the case can begin. Starting with a careful examination of your injury is the first step. This act may entail accumulating your medical costs and determining who is responsible for your injury. After a comprehensive evaluation, your attorney will have the evidence required to proceed with your claim. They will negotiate on your behalf. They will also be prepared to proceed with the lawsuit if this fails.
Filling the Summons and Complaint
Every lawsuit in New York begins with a summons and complaint. The document that details the specifics of your claim is the complaint, and it must include the date and place of the accident and the kind of lawsuit you intend to file. The amount of money you request might not be stated in the case. Instead, the jury is free to give you any sum they think you merit.
Filing a Bill of Particulars
Your bill of particulars will fill in ambiguities in your complaint regarding the amount of compensation you are requesting. The severity of your injury and the level of care you need is described in this legal document. The Bill of Particular will detail your lost wages and medical expenses and further clarify your liability.
The Preliminary Conference
The preliminary conference holds early in the litigation. It brings the lawsuit parties and the court together to establish a timeline. This timeline will specify when the discovery phase occurs.
Examination and Discovery
The discovery procedure starts once the case's schedule has been established. The submission to various tests is one of the main goals of the stage. Examination before trial (EBT) is the first option, and it is known as a deposition in most jurisdictions. Both parties can question you at an EBT about issues that will come up during the trial.
There will be an opportunity to settle your claim at trial. Both parties will be given a chance to present evidence and cross-examine. The jury will then decide if you are eligible for compensation.