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.
The first step in starting a personal injury lawsuit is filing a complaint with the court. This formal legal document outlines:
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."
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:
During your deposition, you may be asked about:
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."
Once discovery is complete, the court will set a trial date, and both sides begin preparing their cases. This includes:
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."
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:
Filing a personal injury lawsuit involves complex legal procedures and negotiations with insurance companies. An experienced personal injury attorney will:
Insurance companies often try to minimize payouts or deny claims altogether. Having a knowledgeable legal team ensures your rights are protected.
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.
We handle every aspect of your case so you can focus on healing and moving forward.
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.
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