New York City Personal Injury Lawyer - Joel J. Turney

If my case does go to trial, what is the process of the law suit?

Answer: The first step in a case is the drafting and filing of the Summons and Complaint. The Summons and Complaint is then served on the defendant by a certified process server. The defendant then has approximately 30 days to interpose an Answer (depending upon the method of service).

Once an Answer is interposed, there is an exchange of paper discovery, including a bill of particulars, a response to demands (providing authorizations and medical reports), and discovery demands are made on the defendant. After this document exchange is completed, then a request is made to the court to have a judge assigned to the case and a request for a Preliminary Conference.

Approximately 60 days after this request, the attorneys for both the plaintiff and defendant(s) are invited to court to enter into a court order as to the scheduling of discovery. At that time, typically, depositions are scheduled to take place within 60 days of the conference date. The physical examinations of the plaintiff are conducted within 45 days of plaintiff's deposition.

The Examination Before Trial is the next step in the process of the case. I encourage the client to take the time to meet with us on the day before the deposition to prepare for the scope of questions involved. The deposition is the portion of discovery where the attorney from the other side has the opportunity to ask questions under oath before a court reporter, regarding background of the witness, the accident, medical treatment and limitations as a result of the injuries. We as your attorney, also have the opportunity to question the named defendants under oath.

After the Examination Before Trial (deposition) is completed. The next step is the physical examination.

The defendant is entitled to have a physical examination performed by a doctor of the specialty relevant to the particular injury. The right of the defendant is limited to a physical examination only, in other words, no intrusive testing is allowed, such as X-rays or MRI's or Nerve Conduction Studies or Blood Work etc.

After the depositions of all parties have been completed, and all documents and authorizations have been exchanged, and the physical examination have been performed, i.e. when all discovery is complete, the plaintiff's case may be certified ready for trial. The case is then placed into line with all other trial ready cases in the particular county in which the action is venued.

The line of trial ready cases, varies significantly depending upon the County in which the action is pending.

There are generally a few Pre-Trial Conferences for the purpose of settlement discussions. If the matter does not settle, the matter is scheduled for Jury Selection, and then upon the selection of a Jury, the case is assigned to a Judge for the purposes of trial.

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