When someone else’s negligence results in your injuries, you might be entitled to receive compensation for your losses. In many cases, you will obtain compensation through a personal injury claim. But what does that mean? Will you need to appear in court, and will your case go to trial? Because there are a lot of variables involved, there’s not one answer to these questions.
If you have questions about your specific case and the potential timeline for resolution, please contact Anthony A. Ferrante. Mr. Ferrante is an experienced personal injury attorney who can answer your questions.
Factors in the Timeline of Your Claim
The timeline and outcome of your case depend heavily on the following:
- Type of case you have,
- Complexity of your case, and
- Willingness of the defendant’s insurance company or lawyer to engage in meaningful settlement discussions.
Your attorney gathers evidence and presents a demand to the at-fault party’s insurance company. Your case won’t go to trial if your attorney can successfully negotiate a settlement with the insurance company. There may not even be a need to file a lawsuit.
However, if the other party is unwilling to negotiate in good faith or there are other complex legal issues, your attorney might need to file a lawsuit. Filing a lawsuit doesn’t mean your case will automatically go to trial or you’ll need to appear in court. Sometimes, it’s necessary to file a lawsuit while negotiations are still underway because the statute of limitations is expiring.
Most Cases Settle Before Trial
Most personal injury cases never make it to trial. That is because the parties involved often reach a settlement agreement, avoiding the time, expense, and uncertainty of a trial. Attorneys can reach settlements at any time during the claims process. Just because your case is in litigation doesn’t mean your attorney is waiting until trial to resolve it.
Negotiations still take place up to trial. In some cases, the defendants will come forward with an offer just before the trial starts or while the trial is happening.
How the Claims Process Works
The first step is to seek medical attention and then contact a personal injury attorney. Your attorney will help you gather evidence to support your claim, including:
- Medical records,
- Witness statements, and
- Documentation of your expenses and losses.
Your attorney will then negotiate with the responsible party or their insurance company. If both parties cannot settle, the case may proceed to trial. During a trial, both sides will present evidence and arguments to a judge or jury, who will decide the case’s outcome. The judge or jury will hear witness testimony, review documents, and consider other evidence to reach a decision.
Potential Court Appearances
As a plaintiff in a personal injury case, you may be required to make one or more court appearances. In many cases, you will need to attend a deposition, which is a pre-trial interview where you answer questions under oath. Depositions can be conducted in person, over the phone, or through videoconferencing.
You may also be required to attend a mediation. Mediation is a meeting between the parties to reach an agreeable settlement before trial. Both sides discuss their case with a neutral third party—the mediator—who tries to help both sides resolve the case rather than proceed to trial.
In some cases, you might need to testify at trial. Your attorney will discuss whether you need to testify and how the trial process works so there are no surprises.
Generally, plaintiffs in personal injury cases attend only some court hearings or meetings. Your attorney will advise you on the specific court appearances you need to make and will represent you at any hearing or meeting you cannot attend.
Contact Anthony A. Ferrante Today
If you need assistance resolving your injury claim in New York, please get in touch with Mr. Ferrante. With over a decade of experience representing injured victims in New York, he can help you navigate the challenges of the New York legal system.
Rest assured, Mr. Ferrante will do his best to help you reach a fair settlement long before your case is set for trial. Know you’re in good hands if going to trial is in your best interest. Mr. Ferrante has the skills and resources needed to build a successful case for trial. Please get in touch with our office today to schedule an initial consultation.