*A Notice of Claim must be filed within the first 90 days following an incident giving rise to damages in order to preserve claims against State or Municipal entities.

*Alternative Dispute Resolution is not a stage of litigation but rather a frequently used method to resolve a matter outside the Courts. The most common types are mediation (non-binding) and arbitration (binding) and can represent a quicker, less costly route to resolving a claim.

Notices of Claim against State and Municipal Entities

In order to preserve a cause of action against a State or Municipal entity, injury victims are required to file what’s known as a Notice of Claim within 90 days of the incident giving rise to their injury. Notices of claim state the specifics of the incident, such as the time and place of the occurrence, as well as a general overview of the injuries sustained.

Failure to serve the Notice of Claim within the designated time period can deprive a claimant of the right to prosecute their claim in Court. The reasoning behind this is that State and municipal entities receive such a high volume of claims that significant delays in being put on notice of same may hinder their inability to properly investigate and secure relevant evidence.

The purpose of filing a summons and complaint is to initiate a civil lawsuit on behalf of an injured party, also known as the plaintiff. Here’s an explanation of the purpose and importance of these legal documents:

Establishing Jurisdiction

The summons and complaint are filed with the appropriate Court to establish jurisdiction, which determines which Court has the authority to hear the case. Jurisdiction is typically based on factors such as the location of the incident, residence of the parties involved, or the type of claim being made.

Outlining the Legal Basis

The summons serves as an official notice to the defendant, informing them that a lawsuit has been filed against them. It notifies them of their legal obligation to respond to the allegations made by the plaintiff. The complaint, on the other hand, outlines the details of your (the plaintiff’s) claims, including the injuries sustained, the circumstances of the incident, and the legal basis for seeking compensation.

Outlining the Legal Basis

The complaint outlines the legal basis for the lawsuit, such as negligence, product liability, or any other relevant legal theory. It lays out the specific elements that must be proven to establish the defendant’s liability.

Initiating the Discovery Process

The filing of a summons and complaint triggers the discovery process, which allows both parties to gather evidence, exchange information, and build their respective cases. Discovery may involve requests for documents, written interrogatories, depositions, and other legal procedures aimed at uncovering relevant information. This stage is crucial for gathering evidence and preparing for settlement negotiations or trial.

Facilitating Settlement Negotiations

Once the defendant receives the summons and complaint, it often prompts them to engage in settlement discussions. The filing of a lawsuit signals your intention to pursue your claims formally, which can motivate the defendant and their insurance company to consider settlement offers more seriously.

Preserving Legal Rights

Filing a summons and complaint ensures that your legal rights are preserved within the applicable statute of limitations. It initiates the legal process and sets the stage for further proceedings.

Amplifying the pleadings, typically done through service of a Bill of Particulars, refers to providing additional details or supporting evidence in the pleadings or legal documents filed with the court. The purpose of amplifying the pleadings is to strengthen your case by providing more specific and comprehensive information.

Provide Detailed Allegations

By amplifying the pleadings, we can provide a more detailed and precise account of the facts and circumstances surrounding the incident. This includes specifying the actions or omissions of the defendant that led to the injuries and the resulting damages. The additional details help paint a clearer picture of the defendant’s alleged wrongdoing and reinforce the legal basis for your claims.

Support Legal Arguments

Amplifying the pleadings allows us to bolster the legal arguments supporting your case. We can include references to relevant statutes, regulations, case law, and legal precedents that support your position. This strengthens the legal foundation of the case and enhances the chances of success during settlement negotiations or trial.

Guide the Discovery Process

The amplification of pleadings can also help shape the direction of the discovery process. By providing specific details and supporting evidence upfront, we can guide the opposing party’s attention to the key issues and evidence that will be central to the case. This can help streamline the discovery process and ensure that the relevant information is exchanged efficiently.

Establish Credibility

Amplifying the pleadings can help establish the credibility of your claims. By providing specific details, supporting evidence, and a comprehensive account of the incident, we can demonstrate that your case is well-founded and based on substantial evidence. This can enhance your credibility in the eyes of the court, the opposing party, and any potential jurors who may be involved in the case.

In summary, amplifying the pleadings serves the purpose of strengthening your case by providing additional details, supporting evidence, and legal arguments, thereby increasing the chances of achieving a favorable outcome in settlement negotiations or trial.

Documentary discovery is a crucial component of the discovery process in a personal injury case. It involves the exchange of relevant documents and information between the parties involved. The purpose is to uncover and gather evidence that will assist in building a strong case, assess the strengths and weaknesses of the other party’s position, and to promote a fair and efficient resolution of the lawsuit.

Gathering Evidence

Documentary discovery allows all parties to obtain relevant documents and records that support their respective positions. This includes medical records, accident reports, employment records, insurance policies, contracts, communications, photographs, and any other documents that may be pertinent to the case. By collecting these documents, I can build a comprehensive evidentiary foundation to support your claims.

Assessing Liability and Damages

Through documentary discovery, I can obtain information that helps assess the liability of the opposing party. This includes identifying any negligent actions, breaches of duty, or other factors that contributed to the incident or injury. Additionally, documentary discovery allows me to evaluate the extent of damages suffered by a client, such as medical expenses, lost wages, property damage, and other losses. The information obtained through discovery helps determine the strength of your case and the potential compensation you may be entitled to.

Uncovering Hidden or Unknown Information

Documentary discovery often reveals information that may not have been previously known or disclosed by the opposing party. It provides an opportunity to uncover hidden facts, undisclosed documents, or potential witnesses that could significantly impact the outcome of the case. By obtaining a wide range of documents, I can ensure that all relevant information is brought to light, increasing the chances of a fair resolution.

Facilitating Settlement Negotiations

The information obtained through documentary discovery forms the basis for informed settlement negotiations. By thoroughly analyzing the exchanged documents, I can identify the strengths and weaknesses of your case and effectively negotiate for a fair and reasonable settlement. Documentary evidence plays a crucial role in persuading the opposing party or their insurance company to offer a satisfactory settlement amount.

Preparing for Trial

Documentary discovery is essential in preparing for trial. The documents obtained during this process help develop the trial strategy, identify potential witnesses, and support the presentation of evidence in court. They provide the necessary foundation to build a compelling case and present a persuasive argument to the judge or jury.

Promoting Transparency and Fairness

Documentary discovery ensures a level playing field for both parties, promoting transparency and fairness in the legal process. It allows each side to access relevant information and evaluate the strength of the opposing party’s case. This transparency helps facilitate fair negotiations and encourages a more informed and equitable resolution.

Testimonial discovery plays a vital role in the discovery process of a personal injury case. It involves obtaining sworn statements or testimony from witnesses, including the parties involved, and potentially expert witnesses as well. The purpose of testimonial discovery is to gather information, clarify facts, and establish the credibility of witnesses to support the claims or defenses in the case.

Establishing Facts and Clarifying Events

Testimonial discovery allows us to obtain firsthand accounts of the incident or circumstances surrounding the personal injury case. Witness testimony helps establish the facts, clarify any discrepancies, and provide a more complete picture of what happened. By questioning witnesses, we can obtain detailed information about the events leading up to the injury, the actions of the parties involved, and the impact of the injury on your life.

Assessing Credibility

By conducting depositions, we can assess the consistency and reliability of a party’s statements, observe their demeanor, and identify any potential biases or motivations. Assessing witness credibility helps to build a stronger case by focusing on reliable witnesses whose testimony carries more weight.

Gathering Expert Opinions

In personal injury cases, expert witnesses may play a crucial role in providing specialized knowledge or opinions related to the case. Their insights can be essential in establishing liability, causation, the extent of injuries, and the impact on your life.

Preparing for Trial

Testimonial discovery is particularly valuable in preparing for trial. The sworn statements or deposition testimony obtained during this process can be used to strategize and develop the trial approach. It helps us anticipate the arguments and positions of the opposing party and allows us to effectively challenge their witnesses during cross-examination. Testimonial discovery provides the necessary tools to build a compelling case and present a persuasive argument in court.

Facilitating Settlement Negotiations

Testimonial discovery can also facilitate settlement negotiations. The information obtained through witness testimony helps us assess the strengths and weaknesses of your case and the opposing party’s defenses. This knowledge allows us to negotiate from a position of strength, armed with credible witness testimony that supports your claims. Testimonial evidence can be influential in convincing the opposing party or their insurance company to offer a fair settlement amount.

An Independent Medical Examination (IME) is a medical evaluation arranged for by the defendant and conducted by a neutral and independent healthcare professional who is not involved in your treatment. The purpose of an IME is to provide an unbiased assessment of your injuries, medical condition, and the causal relationship between the injuries and the incident in question.

Assessing the Extent of Injuries

An IME aims to provide for an objective evaluation of your injuries. The independent medical examiner, who is often an expert in the relevant field, examines you, reviews your medical records, and conducts necessary tests or procedures to assess the nature and extent of your injuries. They rely on this evaluation to draw a conclusion regarding the severity of your injuries, the need for ongoing medical treatment, and the potential long-term effects on your health.

Establishing Causation

In personal injury cases, it is crucial to establish a clear causal link between the defendant’s actions and your injuries. Defendants rely on IME’s to assist in determining whether your injuries are indeed related to the incident or if there may be other factors contributing to the condition. The independent medical examiner assesses the medical evidence, conducts a comprehensive examination, and provides an opinion regarding the causal relationship between the incident and the injuries suffered.

Evaluating Treatment and Prognosis

The independent medical examiner’s evaluation can shed light on the appropriateness of your medical treatment and the anticipated prognosis. They can provide an assessment of the treatment received thus far, the necessity for future treatment, and the expected outcome. This information is valuable in assessing the damages to be sought in the case and can influence settlement negotiations or trial strategies.

Expert Opinion

Independent medical examiners are typically highly qualified medical professionals with expertise in the specific areas relevant to the case. Their professional opinion carries weight and their report can serve as expert evidence in the litigation process.

Enhancing Settlement Negotiations or Trial Preparation

The findings and conclusions from an independent medical examination can be valuable during settlement negotiations or trial preparation. They can be used to challenge or support the opposing party’s medical evidence and provide a stronger basis for negotiation or trial strategy.

Potential for Bias

As IME’s are arranged and paid for by the Defendant or their insurance carrier, the examiner’s objectivity is often questioned. Many plaintiffs report that the scope of their examinations are insufficient. Additionally, examiner’s reports frequently minimize the severity of Plaintiffs’ injuries and incorrectly challenge the causal relationship between the accident and the claimed injuries.

Dispositive motions are those that seek a final determination of certain issues or the entire case without the need for a trial.

Issue Resolution

Dispositive motions allow parties to seek a resolution of specific legal issues before going to trial. These motions can address matters such as liability, damages thresholds, the sufficiency of the evidence, legal interpretations, or the applicability of certain laws or regulations. By presenting arguments and supporting evidence through dispositive motions, the parties aim to convince the court to decide the matter in their favor.

Case Efficiency

Dispositive motions promote case efficiency by identifying and addressing legal issues that can lead to the dismissal of certain claims or defenses. By seeking a determination of the merits of the case at an earlier stage, the parties can save time, effort, and resources that would otherwise be spent on a full trial.

Strategic Advantage

Dispositive motions offer a strategic advantage by allowing the parties to present their strongest arguments and potentially secure a favorable outcome before trial. Successfully obtaining a favorable ruling through a dispositive motion can strengthen a party’s position, potentially leading to settlement discussions from a stronger standpoint.

The pre-trial period is a crucial phase in the litigation process that occurs before the case goes to trial. It serves several important purposes and offers opportunities for both parties to prepare their cases and explore the potential for settlement.

Settlement Negotiations

The pre-trial period is an opportune time for settlement negotiations. Both parties may engage in discussions or participate in alternative dispute resolution methods, such as mediation, to explore the possibility of reaching a resolution outside of court.

Trial Preparation

The pre-trial period is when trial preparation occurs. This includes organizing and preparing exhibits, identifying and preparing witnesses, developing opening and closing statements, and refining the overall trial strategy. My role is to ensure that all necessary documents and evidence are in order, and to collaborate with you to prepare for your testimony and any potential cross-examination.

Alternative dispute resolution is a means of resolving your case outside of Court. This has the effect of saving the parties the costs of proceeding with litigation. The parties can also define the parameters of the proceeding and choose whether or not they want the outcome to be binding.

Mediation

This form of alternative dispute resolution can occur at any time during the litigation process. The parties will seek a third party mediator, often times a former Judge, who is a subject matter expert on the issues in question. They will hear each party present their case and work separately with each party to strike a compromise that resolves the matter. Notably, there is no binding decision at the end of mediation; if the parties don’t agree they can proceed with litigation.

Arbitration

Unlike mediation, decisions at arbitration are binding on the parties. A subject matter expert will hear the case and ultimately make a ruling based on the respective arguments and available evidence. The ruling is binding on the parties and cannot be challenged in Court except in extreme circumstances, such as when a decision is completely unfounded and outside the scope of the applicable law.

Trial is the culmination of litigation and represents the opportunity for the parties to present their arguments and evidence to the triers of law and fact. Arguments regarding the application of the law will be determined by the presiding Judge, and matters of fact will be heard by the Jury. Following the conclusion of trial, a verdict will be rendered which will state whether the plaintiff met their burden, and if so, the extent of their compensation.

Stages of Trial

Trial commences with jury selection where a panel is chosen based on their perceived ability to be impartial. The parties will then give their opening statements and proceed with admitting documentary and testimonial evidence into the record. Witnesses, including the parties and subject matter experts, will be produced and cross-examined with respect to their first-hand knowledge of the claims in issue. Following the admission of all evidence, the parties may make directed motions as to specific legal issues, and then the parties will proceed with closing arguments where they have one more opportunity to present arguments in support of their respective positions. The Jury will then render a verdict which will be enforceable as a matter of law.

Appeals

Various issues decided during the course of a trial can be challenged on appeal. In certain circumstances, a Judge can even set aside what they consider an ‘excessive’ verdict and unilaterally decrease the value of the Plaintiff’s award.