Personal Injury Litigation Process Explained
The process for filing a claim and entering into litigation in a personal injury case can be complex and confusing. Many do not know what to expect from the process and how a lawsuit proceeds from filing an initial claim to receiving a settlement. To help take the mystery out of the litigation process, the New York law office of Burns and Harris explains what to expect from the claims process.
Complaint: The first step in the litigation process is to file an official claim for damages. After examining your case and gathering the necessary evidence, your attorney will file your law suit and inform the defendant of your intention to seek compensation.
Discovery and Motions: After filing a suit, the defendant will have a chance to respond to the claim and offer their side of the story. Once this occurs, your case will enter into the longest part of the litigation process; the discovery phase. In the discovery phase, both parties gather information and facts, including documentation or requests for admissions of facts related to the case. This process will begin shortly after the lawsuit is filed and continue until right before your case goes to trial. During this time, any legal motions may be filed by either party.
Alternatives to Court: Often injury cases can be settled in out of court negotiations. Depending on the circumstances of your claim, your attorney may recommend mediation, arbitration, or an out of court settlement.
Trial: If an out of court settlement can not be reached, the litigation process will move on to the trial phase. At trial, your case will be argued in front of judge and jury. All information and evidence related to your case will be presented and a verdict reached.
Awards: If the verdict of the trial is in your favor, your attorney will help you receive the compensation deemed appropriate for your injuries and damages. Depending on the circumstances, you may receive a lump sum or set up an installment plan.
The litigation process can be long and complex, but with the right accident attorney representing you can be confident your case is being handled in a timely and responsible way.
Contact Us
The law firm of Burns and Harris represents clients throughout the Bronx and Brooklyn and can help you receive the settlement you deserve for your injuries. Our firm provides free case evaluations and takes personal injury cases on a contingency basis. For more information, call 1 888 PAIN-LAW.
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