Personal Injury & Medical Malpractice Blog

Friday, August 25, 2017

The Stages of a Personal Injury Case in NY

How does a personal injury case begin?

Every personal injury case starts with an accident.  The types of accidents that could give rise to a personal injury case include car accidents, pedestrian accidents, slip and falls, injuries due to defective products, and the like.  While every personal injury case is unique, there are several common elements that every accident victim that elects to pursue legal action will encounter.  Our NYC personal injury lawyers at the Law Office of Arthur O. Tisi discuss the stages of personal injury cases in New York below.

The Plaintiff Is Injured

At the beginning of any personal injury case with merit there must be an injury.  Even further, not every injury will give rise to a personal injury case.  The injury suffered must be serious enough to inflict damages, which could include medical expenses, lost wages, and pain and suffering.  To be able to pursue legal damages, someone else must have primarily caused the accident and your injuries.  

The Plaintiff Hires an Attorney

Most accident victims will decide to hire a personal injury lawyer to assist them with their case.  Hiring a lawyer can make a tremendous difference in your odds of recovering from your accident related losses.  After the accident, you will meet with your potential attorney to determine if they will take your case and whether or not the firm is a right fit for you.  Your lawyer will review the facts of the accident to assess the strength of your potential case.  Often, your attorney will take your case on a contingency fee basis, meaning that you will not be liable for paying attorney’s fees unless your attorney recovers for you.

Filing the Complaint

Once your lawyer has established that you have a viable case and there are no procedural hurdles to bringing the action, then your attorney will file a personal injury complaint.  The complaint initiates the case and sets out the basic details about your legal action.  From there, the complaint must be served on the defendant.  

Pre-Trial Litigation

With the complaint in motion, the pre-trial litigation period will begin.  At this point, both sides will request and receive evidence.  A schedule will be set for depositions, and efforts to settle the case will ramp up.  When a settlement cannot be reached, the case will eventually proceed to trial.  Although the personal injury process is complex, your lawyer will assist you through each step of the way.  


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