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How a Personal Injury Lawsuit Works: Step 1

Hi everybody, my name is Arkady freshmen, I’m an attorney here in New York City. We have offices in the Bronx Queens in Manhattan and our main one here in Brooklyn. So a lot of the clients ask us how long is my case going to take and what stage is my case in now, but they’ll call us on the phone and they’ll say: what’s the status of my case, so I wanted to make a video that discussed All the different Steps In A Personal Injury Lawsuit – and that talked about how a case goes through the litigation process in New York, and I think this will be applicable to a lot of the parts of the country. Usually it works similarly in other states and other jurisdictions. So the very first step is called pre litigation or pre-lit, or also known as Personal Injury Lawsuit Steps investigation.

So we get a call from a potential client and they tell us what happened. For example, I was rear-ended by a truck and we get all the details about how the incident happened where they’re feeling pain. Maybe they already have a diagnosis of injury from a doctor, or maybe they just have symptoms, which is feelings of pain in their neck and their back somewhere else, and then they’ll go see a doctor and get treatment. So we do a lot of the investigatory work at this stage and that includes going to the scene taking a look at what might have caused the incident for a trip and fall. For example, we’ll go to the scene and if it’s a hole, we’ll measure the depth of the hole, we’ll do an analysis of it.

We’ll take a look at where it is we’ll. Take some pictures that are close up, but also from from far away to have context to how to be able to explain everything about the scene, we’ll do a full interview with the injured individual. So we understand like how they’re feeling how it’s affected them we’ll see. If they have lost wages, if they’re missing time from work, if they have medical bills and we’ll usually fill out a client questionnaire, which is like an intake and that’ll, have a lot of the questions and answers in that questionnaire. And then the other thing we have to do is we have to send an initial letter of representation to all the parties involved, so, for example, in an auto accident, we’ll send it to the insurance companies for the cars involved.

If it’s a trip and fall and the building owner is at fault, we’ll send it to that and tell them to send it to their insurance company. So usually we try to find insurance because insurance is going to be that pocket. That’S gon na pay for the ultimate compensation to our client. So that’s the investigative stage and you know the important thing that the client has to do during the investigative stage is the client has to get their medical care. They have to go to the right doctors.

They have to make sure that they go and get the proper diagnostic testing, because once we have that medical record with the diagnostic testing, such as cat scans, x-rays, MRIs or other, then we can either put a package together and send it to the bodily injury. Adjuster and then begin to negotiate the case to try to get a settlement. Usually, if it’s a small case it could be settled, pre litigation or if it’s a larger, more serious injury. We need to have that medical record so that we can file a lawsuit and withstand anything like a motion to dismiss or any kind of hurdles, so we can efficiently and effectively move that case right, like a like running back because of the ball, we want to Move that case through the court system and get to trial and to do the best we can for you, our client, because that’s our ultimate mission, helping injury victims and their families.

If you want to see the video of the transcript above it is below.

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