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Know the basic litigation procedures for motor vehicle accident cases

As we’ve been discussing, the New York City area has had an increase in construction accidents and vehicle accidents (including cars, trucks, buses, motorcycles, etc.) this year. On Saturday, a car and a police cruiser collided in the West Village and resulted in two cops and four being taken to the hospital. In Paterson, New Jersey, aspiring rapper Willie Maxwell, better known by his stage name Fetty Wap, was injured in a motorcycle accident Saturday afternoon.

For most people, the civil court process is unfamiliar and uncomfortable. At The Perecman Firm, P.L.L.C., we understand that the process can be intimidating, and have created this page to help you feel more comfortable with some of the basics concerning filing a lawsuit following a motorcycle accident.

Motor vehicle litigation, like most personal injury litigation, follows a series of steps. Each case will move through these steps at a different speed depending on a number of factors, including:

  • Number of parties involved in the case – If a vehicle case only involves one plaintiff and one defendant, it is easier for the case to move through the system. With multiple parties, several of the litigation steps could take much longer.
  • Ability of opposing parties and opposing attorneys to work together – Although a lawsuit has been filed, everything doesn’t have to be a fight. Cooperating on simple things can make a case move much more quickly through the court system.
  • Current court timeline – In a perfect world, cases would move through the court system at the times prescribed by law. Unfortunately, a number of things can slow cases down, including court schedules, budget cuts and the judge’s availability.

The Main Steps in Motor Vehicle Litigation are:

Step 1: Plaintiff files a lawsuit.

Step 2: Defendant(s) responds to the lawsuit.

Step 3: Formal discovery occurs, including depositions, written interrogatories, expert examinations, and site inspections.

Step 4: Settlement discussions may occur, either as ordered by the court or through voluntary channels.

Step 5: Trial.

Step 6: Judgment is entered.

Step 7: An appeal can be filed.

If you have additional questions about motor vehicle cases, the knowledgeable attorneys at The Perecman Firm, P.L.L.C. are happy to answer your questions. We offer free consultations for anyone who is considering filing a case after a vehicle accident, and are happy to chat with you about litigation basics, or any other questions you might have.


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