Albany, New York (NewYorkInjuryNews.com) — Attorneys are often asked, what is involved in a lawsuit? Starting a lawsuit is no small step and should not be considered lightly. It can be time consuming and aggravating but absolutely worth it if the cause is just.
If you have met with a lawyer and after explaining the strong points and weaknesses of your case and you have decided to go ahead, let me explain a little bit of what you are in for. Since my New York law firm handles mostly personal injury cases let me discuss it with you from that point of view.
First of all – your lawyer should stay in touch with you to let you know the progress of your case. Remember you are the client and major decisions especially about whether to settle the case or go to trial, must not be made without your consent.
The big step in any lawsuit is your deposition. Here you will be questioned under oath by the other side’s lawyers about the particulars of the accident and your injuries. The examination is then typed up into a transcript. This allows the other side to know what your testimony will be at the time of trial. It is extremely difficult to go to trial and to try to change what you have already testified to at a deposition. This is why preparation days before the deposition is essential. The forthright practice is to not prepare a witness the day of the deposition – there may not be enough time and it can be frightening to the client. And besides, if there is more information that we may need for the deposition preparation the same day does not leave much time to set it.
The next event that you will be involved with in a personal injury case is the physical examination by the insurance company for the defendant. The defendants and their insurance companies try to call them “independent” but they are anything but that. Usually, the doctor tries to minimize your condition and its permanent effects.
Finally, the trial. This can be a harrowing experience, witnesses sometimes answer in ways that are surprising and judges evidentiary rulings can hurt or help you. Add to this discussion about settling the case and you have the recipe for an emotional roller coaster. If your lawyer is a good trial lawyer, you will have been prepared you for this, and the attorney is able to deflect many of the issues that can drive you crazy. The bottom line is that you call the shots regarding whether or not to resolve your case. Don’t be pressured. You should not be forced to settle just because your lawyer is not ready to try the case or thinks the settlement offer is a good one. The attorney may be right and it may be a good idea to settle – especially if there are issues that a jury can seize on to find in favor of the other side – but you are the client and it can’t be resolved without your consent.
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