Every case is different: some cases resolve in months, some may take several years. Throughout the process, keep this in mind and know that we will work diligently to ensure a swift and fair resolution of your claims.
Before filing a lawsuit, we will thoroughly investigate your claim. This may include phone or in-person interviews and conducting research about the accident location. This investigation phase will also involve gathering medical information to fully understand the injuries that resulted from the accident.
Some cases may reach the litigation stage, whereby a lawsuit is filed. This process can be very time consuming--maintain patience and be prepared to work closely with your paralegal and attorney in order to keep the process moving along swiftly.
Please also keep in mind that the court controls the timeline for this process.
When a lawsuit is filed, the other party must then be served. Service can take some time depending on the circumstances. Once the other side has been served, he/she has 50 days from the date of service to respond by filing their "Answer" to the lawsuit.
Once we receive the Defendant's answer, we enter the "Discovery Phase" of litigation: this phase is an information exchange between Plaintiff and Defendant. This may include exchanging documents, written questions, or photographs. This also may include taking of depositions. Discovery is the longest phase of the litigation process--don't forget to be patient.
If a lawsuit has been filed on your behalf, you may be called for a "Deposition." A deposition is a sworn interview where you will be asked questions about the accident and your injuries. If you are called for a deposition, your attorney will further explain the process for you so you are prepared and comfortable.
After the Discovery Phase is completed, the court will set a mediation date. Mediation is an opportunity for us to resolve the case without having to go to trial. If you are called to mediation, your attorney will further explain the process for you so you are prepared and comfortable.
Trial is the final step. The jury will make the final decision about who is at fault for the accident and how much a Plaintiff will be awarded in damages. If you are called to trial, your attorney will further explain the process for you so you are prepared and comfortable.
At the time of the accident, ensure you take down as much information as you can: location, driver name, license plate number, insurance information, etc. Take photos of your vehicle and the other vehicle. If you're injured, call 911 for emergency assistance.
Even after you have collected all that documentation, make sure you keep it in a safe space. Your attorney may call upon you to provide this information or recall the events of that day--saving your documents will be extremely helpful.
As this is a time-consuming process, keep your attorney and paralegal informed if there are any changes in address, phone number, or email. You will receive vital information about your case that requires your response through these.
Throughout this process you will receive calls, emails, and letters from your attorney and paralegal. In order for the process to continue swiftly, respond to these immediately. The court sets many deadlines, so failure to communicate may be problematic for the continuation of your case.
You may be called to appear for various reasons throughout the duration of your case: intake meeting, signing documents, depositions, mediation, and even, trial. Make sure you appear early so you may be properly prepared. If there is a conflict with the scheduled time, please notify your attorney or paralegal immediately so we may reschedule.
If you have any questions about your specific case, please feel free to contact us below and we will be happy to assist you.
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