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Understanding How Your Personal Injury Case Develops

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The Purpose of Investigation

It is critical in the beginning stages of your case for an investigator to gather information about the circumstances surrounding your accident, to get witness statements and to determine who the parties are that are responsible for your injuries.

Evaluate Your Injuries

It is crucial to be examined by a doctor immediately after your accident so that your injuries can be properly documented and so you can receive the proper care in treating your injuries.

Working With Experts

In certain cases, experts must be hired to give their opinions in their field of expertise as to the cause of an accident or your injuries.

The Lawsuit

After the parties who are responsible for your accident are identified, a Summons and Complaint is served on those parties. The Summons and Complaint is the legal document that starts your lawsuit. The responsible parties then hire a lawyer who answers the Summons and Complaint.

The Bill of Particulars

Along with the answer, the opposing attorney serves us with a list of interrogatories, known as a Bill of Particulars. The purpose of the Bill of Particulars is to gather general information about you and the lawsuit. We will contact you when we receive the Bill of Particulars so that you can assist us in completing it.

Your Deposition

As your lawsuit progresses, the court will assign a deposition date, also known as an Examination Before Trial (EBT). At your deposition, the opposing attorney will question you about your accident, how it happened and the injuries you sustained. Your deposition will be under oath and an attorney from The Raphaelson Law Firm will be present to prepare you and protect your interests.

Your Child’s Case

Any time a child under the age of 18 settles a lawsuit, the settlement must be approved by a judge. This process, known as an Infant Compromise Order, will take place at the courthouse where both the child and the child’s guardian must be present with an attorney from The Raphaelson Law Firm.

Your Settlement

Any time we receive a settlement offer in your case, we will discuss it with you and give you our professional opinion about the offer. Ultimately, any settlement offer must be first approved by you before we can accept the offer. Once the offer has been accepted, and the necessary paperwork has been signed, the insurance company has four weeks to issue us the check.

Preparing Your Case for Trial

If no settlement is reached in your case, the court will assign us a trial date. As your trial date approaches, we will be working around the clock to make sure all the necessary documents have been received by the court. We will also confirm with doctors, other experts and any witnesses that they will be available to testify at trial. Lastly, we will prepare you extensively for what to expect at trial.

Trial

Depending on the complexity of your case, a trial can range from two days to a couple weeks. It is important for you to clear your schedule so that you will be able to attend court every day of your trial. At trial, you will need to take the witness stand to explain to the jury how your accident happened and the injuries you sustained as a result of your accident.

By: Howard Raphaelson

Howard A. Raphaelson founded Raphaelson & Levine Law Firm, P.C. in 1992 after graduating from the Benjamin N. Cardozo School of Law. Established in New York, NY, his personal injury law firm has obtained numerous million-dollar verdicts. With over twenty-five years of experience as a personal injury attorney, he has earned a trusted reputation from his peers, judges, and top leaders, including recognition among the top 5% injury attorneys as a “Super Lawyer” (Thomson Reuters) and “New York’s Best Lawyers” (New York Magazine). View all posts by Howard Raphaelson

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If you've been injured and have questions about your legal options, contact Raphaelson & Levine today. We've helped thousands of New Yorkers understand their next steps following an injury. Call (212) 268-3222 or request a free lawyer consultation.

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