Steps in a Personal Injury Lawsuit

The steps in a personal injury lawsuit may vary from case to case, but they are generally as follows:

• Hiring an attorney
• Building a casefile
• Negotiating for compensation
• Taking the case to trial

Step One: Your Personal Injury Lawyer

It can be hard to protect your own rights during a lawsuit because:

• There may be deadlines, such as the statute of limitations found in CPLR § 214, that restrict when you can start a case.
• Other involved parties may do what they can to rob you of basic rights, including a fair amount of compensation.
• You may be dealing with painful or even life-altering injuries that prevent you from fully concentrating on the case.
• If you were injured in a workplace accident, you could qualify to file for workers’ compensation in addition to or instead of a lawsuit.

A personal injury attorney can make it easier for you to get all of the money you deserve without further risking your health. To find the firm that is right for you:

• Request more information through the free case reviews offered by many firms.
• Go to see the firms you are curious about in person.
• Ask the law firm questions about whether they have handled cases like yours before, how they might handle yours, and if they are willing to go to trial if necessary.

Step Two: Your Personal Injury Casefile

After you hire a lawyer, they can investigate your accident to find out:

• How it happened
• Who you should sue
• How much money you should sue for

Your attorney may look for different types of evidence, depending on what kind of accident you were involved in. Examples of evidence could include:

• Photographs or video footage
• Police reports
• Insurance reports
• Medical records
• Expert witness opinions
• Witness recollections
• Any paperwork or other materials you collected

Step Three: Personal Injury Settlement Negotiations and Lawsuit Filing

At this stage, your lawyer may contact the liable party with details of your lawsuit and ask if they are willing to pay what you need. If the liable party is open to meeting with you, your attorney can attend all meetings in your place. They may then:

• Show their evidence to the liable party and review any evidence the liable party has gathered
• Present your case and counter any challenges the liable party makes against your case
• Fight for the amount of compensation you deserve
• Tell you about any settlements the liable party offers and help you decide if they are fair or not

If negotiations are successful, your lawyer can also take care of the paperwork necessary to get your settlement into your bank account. All you would need to do is sign your name.

Your attorney may also file a lawsuit simultaneously with the settlement negotiations process. That way, your attorney is prepared to take your case to trial if the other party does not negotiate fairly.

When a Case Involves a Personal Injury Trial

In many cases, plaintiffs will secure an out-of-court settlement. However, plaintiffs must take their cases all the way to court in some situations.

This is why you want to ask prospective lawyers up front if they handle court cases. You do not want to be left high and dry if your case must go before a jury. You want an attorney who is willing and able to:

• Submit trial exhibits and other materials to the court
• Schedule trial dates and help select jury members
• Prepare friendly witnesses to testify
• Speak on your behalf in the courtroom, including presenting arguments, raising objections, and questioning witnesses

Your lawyer should also understand how unfamiliar and even intimidating a courtroom trial can be for many people. They can answer any questions you have about the process, so you always know what is going on.

Do You Have a Complicated Case?

Some cases are more complicated than others. Your case’s complexity depends on:

• If the liable party is willing to admit fault and cooperate or if they decide to fight your lawsuit
• If there are few or several parties involved
• If your lawyer is able to easily acquire the evidence they need to prove your case
• If negotiations are successful or if your case has to go to trial

It can be hard to be patient when you are pursuing compensation through a lawsuit. You have already suffered grave losses, and you naturally want to get your money quickly so you can start paying back what you owe or receiving critical medical care.

This is why you may want to make hiring a lawyer your first step in a personal injury lawsuit. While they may not be able to make your case move faster, they can keep you updated throughout the process and ensure things go as smoothly as possible.

Let Us Handle Your Personal Injury Lawsuit

For more information on the steps involved in filing a personal injury lawsuit, call Shulman & Hill at 212.221.1000. We have helped clients recover over $250 million so far, and we will use our experience to go after the best possible results for you. You have nothing to lose by contacting us for a free case review.