When someone is injured in a motor vehicle accident due to another party’s negligence, they may seek compensation through a personal injury lawsuit. While many cases settle before reaching trial, understanding the litigation process can help accident victims know what to expect. Below is an overview of the key steps involved in taking a motor vehicle accident case to trial.
Filing a Lawsuit
The legal process begins when a personal injury lawyer files a summons and complaint on behalf of the injured party. This formal legal document initiates the lawsuit and outlines the claims against the responsible party. Once filed, the lawsuit is officially underway.
The Insurance Company’s Response
After the lawsuit is filed, the insurance company’s attorneys must respond. Their response often includes requesting various documents, medical records, and other relevant paperwork. The injured party’s legal team will gather and submit these materials to move the case forward. During this phase, the lawyer must also provide a detailed account of any injuries sustained, including a detailed list and timeline of all medical professionals consulted and the theories of fault that support the claim.
The Preliminary Conference
Once the necessary documents are exchanged, the case is scheduled for a Preliminary Conference in the court where the lawsuit is pending. This conference sets the groundwork for the case, establishing deadlines and the next steps in the litigation process.
Discovery and Depositions
The discovery phase follows, during which both sides exchange evidence and information to ensure transparency. This stage often encourages settlement discussions by clarifying the strengths and weaknesses of each side’s case.
One of the most important aspects of discovery is depositions which are formal interviews where attorneys question witnesses and involved parties under oath. Depositions allow both sides to gather testimony that may be used in court if the case proceeds to trial.
Independent Medical Examination (IME)
If a settlement is not reached after depositions, the insurance company may require the injured party to undergo an Independent Medical Examination (IME). This exam is conducted by a doctor chosen by the insurance company, who will assess the injuries and may testify at trial on behalf of the at fault party. To ensure fairness, the plaintiff’s attorney may send a representative to observe and take notes during the exam.
Placing the Case On the Trial Calendar
After these steps are completed, the case is placed on the trial calendar and assigned a calendar number. The average time from the initial filing of the lawsuit to the placement on the trial calendar is approximately one year. However, the wait time for an actual trial in Nassau and Suffolk counties is also about a year, meaning a case could take more than two years to reach trial if a settlement is not reached.
Settlements vs. Trial
Although the litigation process can be lengthy, most motor vehicle accident cases (about 90%) settle before reaching trial. Settlements occur when both parties agree on a fair compensation amount without needing a jury’s decision. A skilled attorney with experience in litigation, mediation, and expertly negotiating with insurance companies is essential for securing a fair and reasonable settlement. However, if a fair settlement is not offered, the case will proceed to trial, where an experienced trial lawyer will present the case before a jury. Often the parties may agree to resolve the case through mediation or arbitration to avoid the need and risk of a trial.
A knowledgeable attorney plays a critical role in navigating the legal system efficiently, pushing cases through the court process, negotiating with insurance companies, and, if necessary, selecting a jury and trying the case. Holding insurance companies accountable is key to ensuring injured victims receive the compensation they deserve.
Get the Legal Help You Need
If you’ve been involved in a serious motor vehicle accident on Long Island, you need an experienced attorney to protect your rights. With over 30 years of experience, Mark, the North Shore Injury Lawyer, is a dedicated advocate who fights tirelessly for his clients. He understands the challenges you face and is here to guide you through every step of the legal process. Contact Mark today for a free consultation at 631-495-9435.
Want to learn more from Mark himself? Click here to watch a video where he discusses why hiring a skilled attorney is essential after a serious accident.