Accident Occurs
You go to the hospital or see a doctor and/or call a lawyer (some people don’t call a lawyer until much later but see why you should call a personal injury lawyer as soon as possible after an accident)
Investigation
Your personal injury lawyer immediately begins investigating the accident, insurance coverage, and sends claim letters to all parties and insurance companies
Medical Treatment
When medical treatment is completed or you received sufficient treatment, your lawyer will request your medical records
Possible Settlement
If your injury is established and negligence can be determined, your lawyer will send your medical records to the insurance company and see if your case can be settled
If You
Refuse the Settlement Offer
A lawsuit is started by filing a Summons & Complaint in NYS Supreme Court
Answer
The defense attorney serves an Answer to the Complaint
Preliminary Conference
A Preliminary Conference Order is issued by the court scheduling a timeline for everything to be done on your case
Discovery
Each side exchanges documents, photos, and information with the other side about the accident, insurance, and injuries
Surveillance
If the insurance company uses an investigator to get video of you, it is likely to happen sometime before or after your deposition
Depositions
Plaintiff and defendant are asked questions by the opposing attorney at a deposition in an office setting. Questions and answers are recorded by a court reporter
Compliance Conference
A Compliance Conference is held by the court to make sure everything was done. If not, depositions and a defense medical exam is scheduled again
Defense Medical Exam
The plaintiff (you) attends a medical examination by a defense doctor who will testify at trial
Possible Settlement
This is a time when a settlement is possible because the insurance company now knows what their doctor says and your case is finished
Certification Conference
This conference is to make sure everything has been completed and give permission to file a “Note of Issue” which puts your case on the trial calendar
Trial Calendar
A “Note of Issue” is filed to put your case on the trial calendar
Waiting & More Conferences!
Your case will be on the trial calendar for 18-24 months (approx. 2 months if you’re over age 70 or have a terminal illness)! Many more conferences are held requiring only the attorneys to appear in court
Possible Settlement
If not yet settled, cases are almost always settled now because both the insurance company and plaintiff start getting nervous about going to trial
Trial
A jury is picked and your trial starts which can last 1-2 weeks
Possible Settlement
Your case may be settled after picking a jury and before the trial starts. Even after a trial has begun, cases are sometimes settled in the middle of trial
Jury Verdict
If not settled, the jury will issue a verdict
Possible Settlement
The defense will frequently offer a settlement lower than the jury verdict and threaten to file an appeal if not settled (we usually refuse settlement offers lower than the jury verdict)
Appeal Filed
If your case isn’t settled immediately after trial, the defense may file an appeal to see if you’re willing to settle for less than the jury verdict (see why below)
Appeal
If the case is not settled, the appeal takes another 1-2 years. Lawyers never include legal fees for appeal in the original retainer. The legal fee may now be increased from 33% to 50% of total recovered or by a specified dollar amount.
Articles Related To The Timeline of a Personal Injury Case
How Long Does a Personal Injury Case Take?
How long does it take to get my settlement check after settling my accident case?
How Much Is My Injury Worth?
The 1-800-HURT-911 Personal Injury Settlement Calculator