How Do I Start a Personal Injury Lawsuit?

Starting a personal injury lawsuit can feel overwhelming, but the process is designed to help you seek justice and compensation for your injuries.

At De Caro & Kaplen, LLP, personal injury attorneys Michael V. Kaplen and Shana De Caro have over 45 years of experience representing victims of negligence. They understand the complexities of personal injury claims and are dedicated to guiding clients through each step of the legal process.

Here’s a step-by-step guide to filing a personal injury lawsuit and what to expect along the way.

Step 1: Filing the Complaint

The first step in starting a personal injury lawsuit is filing a complaint with the court. This formal legal document outlines:

• The details of the accident or incident that caused your injury.
• Allegations of negligence against the responsible party.
• How their actions (or inactions) caused your injuries and the damages being sought.

Once filed, the court issues a summons, and the complaint is served to the defendant(s), ensuring they are formally notified of the lawsuit.

Michael Kaplen, a Professorial Lecturer in Law at The George Washington University Law School, explains:
"Filing a strong complaint backed by clear evidence sets the foundation for a successful personal injury case."

Step 2: Discovery Process

After the complaint is filed, both sides enter the discovery phase, where they gather and exchange evidence to build their case. Key parts of discovery include:

• Medical Record Requests: Defendants will request access to your medical records to evaluate your injuries.
• Interrogatories: Written questions each party must answer under oath.
• Depositions: Oral questioning under oath, where both sides provide sworn testimony.

During your deposition, you may be asked about:

• How the accident occurred.
• The nature and extent of your injuries.
• How your injuries have affected your daily life, work, and well-being.

The defendants will also answer questions about their responsibilities, actions, or inactions, and whether they took reasonable steps to prevent the accident.

Shana De Caro, former Chairwoman of the Brain Injury Association of America, emphasizes:
"The discovery process is crucial—it allows us to uncover key evidence that strengthens your case."

Step 3: Trial Preparation

Once discovery is complete, the court will set a trial date, and both sides begin preparing their cases. This includes:

• Organizing evidence, such as photos, witness statements, and expert reports.
• Meeting with witnesses who will testify about the accident and its impact on your life.
• Developing legal arguments to prove negligence and justify compensation.

Step 4: Settlement or Trial

Most personal injury cases are resolved through settlements before going to trial. A settlement is an agreement where the defendant agrees to pay compensation in exchange for resolving the case out of court.

However, if a fair settlement cannot be reached, the case proceeds to trial, where a judge or jury will determine the outcome.

Michael Kaplen, named one of New York’s Top 100 Trial Lawyers, states:
"We prepare every case as if it will go to trial to ensure our clients receive the maximum compensation they deserve."

Why Is It Important to Act Quickly?

Personal injury cases are subject to statutes of limitations—legal deadlines that determine how long you have to file a lawsuit. Missing these deadlines could mean losing your right to seek compensation.

Acting quickly allows your attorney to:

• Preserve critical evidence, such as medical records and witness statements.
• Ensure your case is filed within the legal timeframe.
• Prevent insurance companies from using delays to weaken your case.

Why Do I Need an Attorney for a Personal Injury Lawsuit?

Filing a personal injury lawsuit involves complex legal procedures and negotiations with insurance companies. An experienced personal injury attorney will:

• Assess the strength of your case and determine liability.
• Handle all legal paperwork and deadlines.
• Negotiate with insurance companies to fight for maximum compensation.
• Represent you in court if necessary to ensure you receive the justice you deserve.

Insurance companies often try to minimize payouts or deny claims altogether. Having a knowledgeable legal team ensures your rights are protected.

How Can De Caro & Kaplen, LLP Help?

If you or a loved one has been injured—whether in a car, truck, or bus accident, a fall, or another act of negligence—it’s essential to act quickly.

At De Caro & Kaplen, LLP, we have over 45 years of experience in personal injury law and are committed to fighting for the compensation you deserve.

• Michael V. Kaplen is board-certified in Civil Trial Advocacy and has successfully represented injury victims across New York.
• Shana De Caro is a leader in personal injury law, ensuring victims receive the full compensation they are entitled to.

We handle every aspect of your case so you can focus on healing and moving forward.

Contact Us for a Free Consultation

If you or a loved one has been injured due to negligence, don’t wait. Contact De Caro & Kaplen, LLP today for a free, no-obligation consultation.

Let us handle the legal challenges while you focus on recovery.