Understanding the Stages in Personal Injury Cases
Published on:March 23, 2015

Stages in personal injury

  • Schedule your consultation– this is where you and the personal injury lawyer will exchange information about what happened, where it happened and any other details of the case. During this time, both you and the attorney will decide if you will continue to work together. It really is a two way street. The attorney may request additional information on your case and gather specific information to determine if there is a case and if they ate able to take the case.
  • Initial Filing of Legal Papers– During this step, your attorney will begin the early filing of all court papers, motions, questions and complaints. You will never be left in the dark, the personal injury and supporting staff will be in touch and explain proceedings with you every step of the way.
  • Discovery/Fact Finding-The “other side” opponents will gather information and facts involving the case. There may be meetings with all attorneys and clients to discuss the facts surrounding the lawsuit. Your personal injury attorney will explain the process and expectations in your case. Every case could involve different scenarios or how information will be shared.
  • Motions Before Trial– There may be a variety of motions prior to going to trial. The opposing party will often request to have the case dismissed before trial. Don’t worry this is normal. They don’t want to be sued and will try different ways to make it go away. Other motions will be discussed and or filed on a case by case basis.
  • Settlement– It is not out the norm for many personal injury cases to be settled without going to court. For the opposing party, they may feel they cannot win or it would cost more to win than it would cost to settle. You and your personal injury lawyer will discuss all issues pertaining to settlement and exactly what it means to you. This is an important time on your part. You way to make sure that you ask any questions regarding such as future medical problems relating to the injury.
  • What to Expect at Trial– First off, DO NOT believe what you see on court TV shows. They are either fake or extremely staged. There are several steps that occur before and during trial. Some of these steps include jury selection, opening arguments (where both personal injury attorneys will briefly state the case and their intended version of the result), witness testimony, closing arguments (similar to opening arguments and the jury’s final verdict. The steps can be scary and emotional to you. Your attorney will prepare you for the expected proceedings and situations that may cause discomfort.
  • Enforcing the Judgment– This is the stage where your attorney and his professional staff will work to obtain your hard won funds. It is not an easy process to collect your money. There are many situations that could occur where the opposing party is refusing to release funds. Be patient, it takes hard work and time.
  • The Appeal Process– This may be in relation to the hold up of your funds; the opposing party may immediately appeal the verdict and try to overturn the decision. The personal injury lawyer will discuss this with you throughout the trial and certainly after a favorable verdict.
  • There may be other steps that you and your personal injury attorney take before, during and after the trial. The best advice is to be patient and follow all the advice that you are given. The offices of Sgarlato & Sgarlato in Staten Island, New York are experienced and dedicated lawyers that are there to help you when you need it most.