There are many factors that go into the personal injury claim settlement process. Certainly the complexity of the liability aspect is one of the factors. In addition the complexity of your injury and treatment. Plus there are certain procedural requirements in New York to which we must adhere. The court has its own “bookkeeping” timeline, if you will, to keep track of cases on their calendars. While every injured party is anxious to have their day in court and receive the settlement that they deserve, one needs to understand that making sure that all the components of proving your case are in order before we file what is called a Note of Issue and Certificate of Readiness telling the court that all discovery is complete and we are ready for trial. Only then can we expedite the personal injury claim settlement process.
Cases with Multiple Parties
If a case involves many parties obtaining discovery from everyone is crucial in the personal injury claim settlement process. A two car accident case may not be as difficult as in a scaffolding accident on a job site. This is because there tend to be more parties in construction cases. You can understand that that case will take more time. Who the parties to the lawsuit are can also play a factor in the time frame. For example, if the City of New York is a party to the lawsuit then you can bet discovery will take a lot longer.
The Personal Injury Claim Settlement Process and the Court.
The court does help the parties along. It holds a Preliminary Conference. This is a part of the personal injury claim settlement process where the parties enter in to a schedule. We will schedule depositions and exchange of documents, etc.
But the parties do not always comply with the time line. If this happens we may file a motion to the court asking for the documentation required.
We also want to make sure that we have a determination by your treating doctor or doctors as to your injuries. You will need to know if you have a permanent injury that will require future treatment or that you have a permanent injury that can no longer benefit from treatment and you are left with a long term disability.
We cannot engage in settlement negotiations on your behalf with out a complete understanding of your limitations.
Venue
Where you bring the action will also make a difference. Each county has its own court calendar and certain counties have larger calendars and those calendars move a lot slower. So a case brought in the Bronx may move at a slower pace than a case brought in Staten Island.
Personal Injury Claim Settlement Process – Offers
Know that we as your attorney and advocate have an obligation to advise you of every offer. The personal injury claim settlement process should be open and transparent. We can advise you if we think that the offer is fair or if your injury is being under valued and what you would receive at trial. There are often balances and monetary factors to be weighed against an offer: costs of trial such as expert fees, legal fees as well as the uncertainty of 12 jurors. More cases settle before trial than actually go to trial. But the ultimate decision to settle is yours, our client.
