PI Case Lifecycle

 

Initial Client Meeting and Case Evaluation

  • Day 1-30:
    • Initial client consultation to gather facts.
    • Evaluate the merits of the case.
    • Determine statute of limitations (typically three years for personal injury in NYS but can vary).

Retainer Agreement and Representation

  • Day 1-30:
    • Execute a retainer agreement.
    • Formalize representation.

Investigation and Evidence Gathering

  • Day 1-90:
    • Collect evidence (photos, videos, medical records, and police reports).
    • Identify witnesses and obtain statements.

Medical Treatment and Documentation

  • Ongoing (Day 1 until resolution):
    • Ensure the client receives necessary medical treatment.
    • Gather all medical bills and records related to the injuries.

Filing of Personal Injury Complaint

  • Day 90-120:
    • Draft and file the complaint with the court.
    • Serve the defendant(s) with the complaint (within 120 days after filing).

Discovery Process

  • Day 120-365 (Varies based on complexity):
    • Exchange of discovery documents between parties.
    • Depositions of parties, witnesses, and experts.
    • Submission of Interrogatories and Requests for Admission.

Pre-Trial Motions

  • Day 365-450:
    • File or respond to summary judgment motions.
    • Pre-trial conferences and hearings.

Settlement Negotiations

  • Ongoing (Day 1 until resolution):
    • Engage in settlement discussions with opposing counsel.
    • Consider mediation or arbitration as alternative dispute resolution methods.

Trial Preparation

  • Day 450-730:
    • Prepare witnesses and experts for trial.
    • Finalize trial exhibits and strategy.

Trial

  • Day 730+:
    • Jury selection (if applicable).
    • Opening statements, presentation of evidence, and closing arguments.
    • Jury deliberation and verdict.

Post-Trial Motions and Appeal

  • Post-Verdict (30-90 days after the verdict):
    • File post-trial motions (if necessary).
    • Notice of appeal (if applicable).

Collection of Judgment

  • Post-Verdict/Judgment:
    • Initiate collection efforts if the judgment is in favor.
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