While it’s true that every personal injury case is unique, they mostly follow the same basic proceedings. If you were hurt at the hands of someone else and you’re wondering what to expect at each stage of the claims process, here’s a handy guide. 

The 5 Stages of Personal Injury Proceedings 

1. Drafting a Demand Letter

If it turns out you have grounds for a claim, your legal team will conduct a thorough investigation to determine liability and the full extent of the damages. They will then use this information to draft a demand letter that explains why the recipient is liable and what they're responsible for covering. 

2. Filing a Lawsuit

If the opposing party does not agree to pay the figure requested in the demand letter, your personal injury attorney will proceed with a formal suit. As long as the statute of limitations has not passed—typically three years in the state of New York if the cause of action was negligence—you can take your case to court.  

3. Commencing Discovery 

During the discovery stage, each attorney will conduct their own investigation. They may request evidence from one another to build their own claims. They may also depose witnesses and consult experts. Depending on the complexity of the case, this stage could take anywhere from six months to a year. 

4. Participating in Mediation 

Mediation is a form of alternative dispute resolution. As more evidence comes to light, the opposing party may become incentivized to negotiate, and mediation will provide the opportunity to do so. If the parties cannot reach an agreement, though, the case will proceed to court. 

5. Preparing for Trial 

A personal injury case will only proceed if the two parties cannot reach a favorable agreement. During the trial, a judge or jury will review the facts of the case and determine whether the defendant owes the plaintiff damages and, if so, how much. 

If you’ve been injured, turn to Neimark & Neimark in New City, NY. A personal injury firm, they focus on helping injured, ill, and disabled clients recover what is rightfully theirs. Backed by more than 40 years of experience in Orange and Rockland counties, their resourceful attorneys know what it takes to recover sizable settlements and verdicts. To request a consultation with a member of their team, call (888) 725-7424 or reach out on their website.