Managing Partner
Suffering a personal injury is a major setback, and victims want more than anything to move forward with their lives. If you’ve been in an accident, it’s important to have an idea of how long it will take to resolve it. But no matter the steps involved, retaining skilled legal counsel is essential to protecting your rights.
Dell & Dean PLLC knows that this is a difficult time for you, and that the decisions made at each stage of your lawsuit will affect the outcome of your case. Count on us to represent you from one step to the next.
Step 1: Hiring a Long Island Accident Attorney
Your first step on the road to recovering the damages you deserve is retaining a skilled attorney who is experienced with New York personal injury law. Your attorney will learn about the circumstances surrounding the accident, acquire initial evidence, and determine who was at fault.
It’s important to tell your attorney everything you know about the accident, including whether you were in any way at fault for it (for instance, if you were speeding). What you tell your lawyer is protected by attorney-confidentiality. But if you fail to be upfront with your attorney, it could put you at a considerable disadvantage and leave you unprepared for the defendant’s tactics.
Step 2: Investigating the Accident
Long Island law enforcement may have investigated the accident to some degree, but the lawyers and insurers will need to conduct their own investigations. If you have not already done so you should give your lawyer any evidence about the incident, including:
- Police or accident reports
- Witness names and contact information
- Pictures and videos you took of the accident scene and of your injuries
- Medical records
- Pay stubs and other income information
- Your personal statement
As your attorney conducts an investigation, be sure you are resting and following your doctor’s orders. Also do not miss any medical appointments and do not speak with any insurance companies before you talk to your lawyer.
Step 3: The Settlement Demand
After acquiring the evidence related to the accident and your injuries, your lawyer will send a demand letter to the insurance company or the attorney that represents the at-fault party. This letter will explain such matters as:
- How the accident occurred
- Where in Long Island it happened
- The nature of your injuries
- Other losses such as missed work and property damage
- How the accident has affected and will affect your life
- How much money will settle the matter
The demand letter opens the door to formal negotiations, which usually take place in mediation. Most personal injury cases are settled out of court after discussions among all of the parties. Once you receive the final settlement offer from the insurer, your attorney can advise you as to whether to accept it or move forward with a lawsuit.
Step 4: Filing the Lawsuit
If the matter cannot be settled, then your Long Island personal injury lawyer will file a lawsuit in the appropriate court. Your attorney will understand how to draft the complaint, how to properly serve it on all named defendants, and the rules and laws that will govern your case from here on out.
The lawsuit opens the door to discovery, the formal process by which parties request and exchange relevant information and documents pertaining to the personal injury. This is an important stage in the lawsuit because the evidence that is uncovered could affect the trajectory of the case. Negotiations will likely continue up until the trial date, possibly including more mediation.
Step 5: Motions and Trial
As the lawsuit continues, parties may file motions which ask the court to make important decisions. For example, if the defendant has not produced the evidence you requested in discovery, your lawyer may file a motion to compel the defendant to respond.
At trial, all parties have the chance to present their evidence and arguments in court. This includes testimony from expert witnesses who explain complex matters like how the accident happened and its impact on your future earning capacity. Other events that relate to the trial include:
- Jury selection
- Opening statements
- Witness testimony
- Cross-examination
- Closing arguments
- Jury deliberation
- Entering a verdict
Step 6: Post-Trial Matters
If you win your trial, the money that you receive will first pay for your medical bills, court expenses, and lawyer fees. After this, a check for the remaining amount is issued to you and the case ends. Either party has the right to file an appeal if they do not like the outcome, and your attorney can explain how this works.
Hurt In a Long Island Accident? Count On Us
These steps, from start to finish, could take weeks or months depending on the nature of the accident and your injuries. You will need dedicated legal counsel along the way to look out for your best interests. Call or contact Dell & Dean PLLC today to learn more about the process and to get started.
