In a personal injury case, “litigation” means suing the at-fault party for negligence. This process typically involves preparing your case for trial and presenting your case in front of a jury.
Most personal injury cases do not require litigation and are settled out of court. If you do need to litigate your case, our Long Island personal injury lawyers will represent you at trial.
In This Article
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- When Is It Necessary to Begin Litigation?
- What Goes Into Litigating a Personal Injury Case?
- Is it Better to Settle or Litigate a Personal Injury Case?
- Will Your Lawyer Litigate Your Personal Injury Case?
- We Litigate Personal Injury Cases Like Yours
When Is It Necessary to Begin Litigation?
That depends on your circumstances. Examples of situations where you might have to litigate your case include the following:- You have been trying to negotiate with the insurance company, and they refuse to offer an appropriate settlement.
- The statute of limitations is about to run. If your lawsuit is not commenced before that happens, you will be barred from ever bringing a lawsuit, effectively ending your opportunity to recover compensation for your injuries.
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What Goes Into Litigating a Personal Injury Case?
The litigation process typically starts by filing your lawsuit with the appropriate court, which depends on your case’s financial value and where you live, and notifying the at-fault party that you are suing them. Once litigation is commenced, i.e., a lawsuit has been started, your personal injury lawyer will have to:- Engage in discovery, or the exchange of evidence, with the at-fault party
- Work with you to decide if you want to testify
- Select supporting witnesses and prepare them to testify or ask them to submit written statements
- Schedule court dates
- Select impartial jury members
- Submit evidence to the court
- Deliver opening and closing arguments
- Question friendly witnesses and cross-examine any witnesses brought by the defense
- Raise objections if the defense does not follow the rules
- Submit any other materials the court asks for, such as legal briefs
- Wait for the jury to weigh everything they have heard and seen and deliver a verdict
Is it Better to Settle or Litigate a Personal Injury Case?
The best solution is the one that secures the financial compensation you need. In many cases, seeking a pretrial settlement is the right option, but for some accident victims, litigation is the best or only choice. Many people prefer to settle their cases rather than go through the trouble of filing a lawsuit. This is often the right decision. Litigation could take a year or longer, while it might take only a few weeks or months to negotiate a settlement—assuming that the insurance company is willing to act in good faith. If they do not, or if there are other factors affecting your case, litigation could be the way to go. Even after you start a lawsuit, there is still a chance that the insurance company will offer a settlement. Sometimes, the mere act of notifying the insurer that you intend to sue is enough to convince them to pay what you asked them to.Click to contact our personal injury lawyers today
Will Your Lawyer Litigate Your Personal Injury Case?
Depending on who you hire, maybe. Some personal injury law firms only handle the investigation and negotiation phases of a case. This might work out well if they are able to secure an appropriate settlement, but if they do not, you could end up scrambling to find a trial lawyer before the deadline runs out. Fortunately, there are personal injury firms, including ours, that do handle courtroom trials. We are prepared for any eventuality and will not try to push you in a particular direction because we think it is “easier” or because it is what we want to do. Our lawyers are entirely focused on what is right for you and your family, so we want you to feel empowered to decide for yourself if litigation is the best possible option. Once you hire our legal team, we will:- Provide regular updates so you always know how your case is going
- Explain the advantages and challenges of each legal option available to you
- Advise you on what we feel might be the right way to take your case
- Respect whatever decision you make and pursue your preferred path with all of the resources, determination, and experience at our disposal
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We Litigate Personal Injury Cases Like Yours
Friedman & Simon, L.L.P., understands that no two cases are alike. Each client deserves personalized attention and a legal strategy designed to fit their needs and goals. We will carefully consider what litigation means in your personal injury case and whether filing a lawsuit is the right option for you. Call today for a free consultation.Call or text (516) 932-0400 or complete a Free Case Evaluation form