How long it will take your case to resolve depends on various factors, including its complexity and strength of evidence. An experienced New York personal injury lawyer can expedite proceedings by efficiently prosecuting it on your behalf.
Litigation involves filings, discovery and trial. Appeal proceedings may also extend your case’s timeline.
Filing a Complaint
An individual can initiate a lawsuit by filing a formal complaint with the courts, outlining their injuries and who caused them (known as defendant).
As soon as a plaintiff files her complaint, they must pay a filing fee and request the court issue a summons, which informs the defendant about her lawsuit and allows them to respond within a certain number of days.
A summons must be legibly written or typed, signed by the plaintiff, and include their name, address and telephone number. If she plans on representing herself in court she should also submit an application to waive filing fees.
Evidence collection for litigation cases may take a considerable amount of time, adding more delays. This may involve collecting medical records, taking photographs or videos, gathering witness statements and consulting experts such as physicians.
After filing a complaint, parties will begin the discovery process. At this stage, parties ask each other and third parties for information related to the facts of their case through formal written questions known as interrogatories or by deposing witnesses under oath.
In some instances, an insurance company offers out-of-court settlements to compensate claimants; other claims, particularly those with serious injuries, require the assistance of an experienced personal injury attorney and may take longer as all losses must be established before any successful settlement is negotiated – sometimes several years. Most personal injury lawsuits settle out-of-court before trial – only about 1% make it that far.
Preparing for Trial
Court cases that go to trial often take years to be resolved, since the legal process can be long and drawn-out, especially in complex cases involving serious injuries or disputes over liability. Therefore, it’s essential to work with an attorney who understands the value of early and ongoing settlement negotiations.
Litigation involves various phases, such as discovery, settlement negotiations and trial. Discovery refers to both parties exchanging information in order to establish facts related to their case; this stage can often take an extended amount of time due to court backlogs or other reasons; during this phase both sides may file pre-trial motions that either expedite proceedings or cause additional delays.
At the discovery stage, your lawyer will assemble and review evidence in support of your claim, prepare witnesses to testify at trial, and conduct extensive research on relevant laws, regulations and statutes. It’s vital that a strong narrative be constructed as this will make for stronger arguments when brought before a judge.
Your attorney will also draft opening and closing statements, key motions to the judge, direct examination questions for all major witnesses as well as crucial cross examination questions for each major witness. It is also imperative that they create a thorough trial notebook and receive transcription copies of depositions so they can review prior to trial – last-minute changes are often made at this stage so it’s best to keep in close communication with your legal representation at all times.
Trials typically last from one to seven days and end with either the judge (in a bench trial) or jury making their determination about who caused any injuries and, if so, how much compensation should be awarded based on evidence and arguments presented during trial.