5. SETTLEMENT NEGOTIATIONS: At any point during a case, the parties may engage in settlement negotiations. This can take anywhere from a few days to several months but can result in a favorable resolution without the time or expense of going to trial. In general, attorneys will explore settlement opportunities while progressing the case toward trial. 6. TRIAL: If the case does not settle, it will proceed to trial. The trial's length depends on the case's complexity. 7. APPEAL: If one party is unhappy with the outcome of a trial, they may file an appeal. The appeals process can take several months to a year or more. Lawsuits can last anywhere from a few months to several years. A skilled personal injury attorney ensures your case is vigorously pursued and your interests are protected.
7 STEPS TO A LAWSUIT
Bringing forth and resolving a lawsuit can be a lengthy and complex process. The following is a general overview of the steps involved in a typical personal injury lawsuit in New York State: 1. PRE-FILING INVESTIGATION: Before filing a lawsuit, your attorney will conduct an investigation, gather evidence, interview witnesses, and assess the strength of your case. The time necessary to investigate and build a case depends on the complexity of the case, the circumstances of your accident, and the extent of your injuries. 2. FILING THE COMPLAINT: Your attorney commences the lawsuit by filing a summons and complaint with the court, outlining the legal claims and factual allegations against the defendant. The defendant has a limited time to respond, typically between 20-30 days, depending on the method of service used to serve the complaint. 3. DISCOVERY: Both sides engage in “discovery,” exchanging information and evidence relevant to the case. Discovery typically involves conducting depositions and exchanging documents, which can take months or even years. A skilled personal injury attorney will strike a balance of moving a case forward while ensuring that all relevant discovery is exchanged before proceeding to trial. 4. MOTION PRACTICE: During the case, either side may file motions asking the court to rule on particular issues, such as the admissibility of evidence or the dismissal of specific claims. Motion practice can lengthen the pre-trial process and is specific to each case.
Brain Break
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