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.