If your New York personal injury lawyer is unable to reach a settlement agreement with the insurance company, your only option is to file a lawsuit. There are different steps involved in the litigation process. We have provided a brief overview below:
Filing a Summons and Complaint
The first step in the litigation process is to file a Summons and Complaint in the proper court. Once this has been done, you will be referred to as the Plaintiff and the party or parties you are suing will be referred to as the Defendant(s).
Answering the Complaint
After your New York personal injury lawyer has filed the Summons and Complaint, the defendant will need to file a response, known as an Answer to the Complaint. The defendant, or his or her attorney, will generally deny all of the allegations you made in your Complaint.
Discovery Process
Next, both parties will engage in discovery. During the discovery stage, both attorneys will gather as much information as possible to build their cases in anticipation of trial. Generally, the discovery process includes the following documents that will be served by both your New York personal injury lawyer and the opposing counsel:
- Bills of Particulars
- Requests for Admissions
- Requests for Production of Documents
- Pretrial procedures such as motions
- Other pretrial procedures, etc.
Mediation and Arbitration
In one last attempt to avoid litigation, the judge may request both parties to engage in mediation or arbitration. However, if the parties still cannot reach a settlement, the claim will proceed to trial.
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If you or a loved has been involved in an accident and suffered serious personal injuries, the experienced New York personal injury lawyers at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options. Please contact us toll free 24 hours a day, 7 days a week at 1-800 WORK-4-YOU (1-800-967-5496). We can also help with personal injury claims in New Jersey, Connecticut, Pennsylvania, or Florida.
If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case. Other toll free phone numbers for us include: 1-800-RADIO-LAW, 1-888-WYPADEK, or 1-800-LAS-LEYES. Please visit us at www.Work4YouLaw.com.