When you are injured due to the reckless or negligent actions of another party, you may seek compensation by filing a claim against the at-fault party. If your personal injury attorney is unable to reach a settlement agreement with the insurance company for the negligent party, you may have to file a lawsuit in order to get the full extent of compensation that you deserve.
Below is a brief overview of the different stages of a personal injury lawsuit.
The Summons & Complaint
The initial step in the litigation process involves the injured party, called the plaintiff, filing a Summons and Complaint in the appropriate court. Your attorney may be able to complete this simple form without your help.
The Answer to the Complaint
Once your attorney has filed the Summons and Complaint, the at-fault party, referred to as the defendant, must file a response. This is known as an Answer to the Complaint. It is typical for the defendant to deny each allegation you or your attorney has made in the Complaint.
Discovery
Once the complaint has been answered, both parties may engage in discovery. The attorneys may use a variety of documents and tools to gather important information pertaining to the accident in order to build their case. Below are some common tools used during the discovery process:
- Interrogatories
- Pretrial procedures, such as motions
- Requests for Admissions
- Requests for Production of Documents
Arbitration & Mediation
In an attempt to settle the case without continuing to trial, the judge may request both parties to attend mediation or arbitration. In most cases, the parties may be able to choose their own mediator or arbitrator. If arbitration or mediation is unsuccessful, in that the parties are unable to reach a settlement, litigation may be inevitable.
Contact Us
Kenneth A. Wilhelm is an experienced New York personal injury lawyer. For more information or to schedule a complimentary consultation, please call 1-800 WORK-4-YOU (1-800-967-5496).