My Process for Pedestrian and Bicycle Litigation
Overview of NY Pedestrian and Bicycle Litigation
Each pedestrian and bicycle
case has its own facts and each client has his or
her own interests and needs, so no two cases are identical. I spend
a lot of time listening to my clients and answering their questions
and concerns. I also develop a strategy for each case based on the
particular facts of that case and the needs and interests of the
client.
You should know what to expect if you
retain me to handle your pedestrian or bicycle
case. There are five aspects to each pedestrian and
bicycle litigation:
Getting Started
To get started, I will meet with you to
listen and understand your story. I will review the issues with you
and discuss what we must prove to win a lawsuit. I will then discuss
the approach I would take on the case and the services that I would
provide to you. If you decide to retain me to represent you on the
case, then I will do the following:
Have you sign a retainer agreement.
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Give you a Welcome Kit, the first of six client reports. The Welcome Kit contains an overview of the services I provide, a statement of client rights and responsibilities, a timeline for the case and other introductory information.
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Have you sign medical release forms: To conduct an investigation, I need to collect copies of the appropriate medical records as well as other documents. Collecting those records requires that I have your written authorization.
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File a claim letter: This notifies the defendant that you have a potential claim and that I represent you.
Conducting a Pedestrian
or Bicycle Investigation
All investigations start by collecting
all pertinent information. Therefore, I start by taking these
actions:
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Acquiring copies of police, fire, ambulance and other official records of the event
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Taking photographs of the scene and, if appropriate, the vehicles involved
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Researching the history of any previous accidents at the site
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Collecting weather reports.
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Contacting and interviewing witnesses to the accident. In some cases, I will post signs or work through the local media to find potential witnesses.
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Collecting the medical records. I seek these records immediately, though we may need to wait on some until you finish treatment. Some providers require persistent contacts before they send the records.
I assemble a team of experts needed to
consult on pedestrian and bicycle cases. In previous pedestrian and
bicycle cases, I have used the following type of experts:
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Medical reviewers to assist in the review of the medical records
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Accident reconstruction experts
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Road design engineers
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Safety experts
I also conduct legal research seeking
similar cases and identifying decisions that may affect your
pedestrian or bicycle litigation.
Preparing an Assessment of Your Pedestrian or Bicycle Case
Once I complete the investigation, I will
gather all the material, information and research and assess the
case. I consult with the team of experts as necessary. I then
prepare a detailed Case Assessment, the second of the
six client
reports. The assessment looks at these litigation issues:
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The Facts of the Case: A review of all the facts in the case.
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Liability: I explain the issues in proving the defendant’s liability and estimate what a jury is likely to find.
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Damages: I review the injuries and other damages you have suffered and estimate the value the jury will place on those damages.
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Proceeding to Trial: This section reviews my approach as we proceed to trial, including an estimate of how long it will take for the case to come to trial.
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Settlement Options: This section assesses the value of the case in settlement talks and the likelihood that the defense will be willing to settle. Some cases are more likely than others to settle and some insurers are more likely to settle than others.
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Recommendation: I close each Case Assessment with a series of recommendations on how best to proceed.
I will review the Case Assessment with
you to ensure that I have all the facts correct and to discuss the
details of the case and my evaluation of it. We will then discuss
how best to proceed.
Pursuing a Pedestrian
or Bicycle Settlement
In all cases, we proceed down two
parallel paths: preparing for trial and seeking settlement. The
better we prepare for trial, the more likely a settlement becomes.
It is always worthwhile to pursue
settlement options, though not all cases will or should settle.
I use the Case Assessment to prepare a Settlement Package that I
present to the defense. I try to submit this settlement package
before formally filing a lawsuit as that gives the defense an
opportunity to settle without incurring substantial legal fees.
Going to trial can be very expensive, so the defense is often
willing to consider a settlement to avoid those costs. In many
pedestrian and bicycle cases, insurance companies are often willing
to settle before having to hire outside counsel to defend a case.
There is never a time when the settlement
door closes. Throughout the process, I will remain in contact with
the defense to see if they want to offer a settlement that meets
your needs. Just as the defense is never required to offer a
settlement, you are never required to take a settlement.
Pursuing a
Pedestrian or Bicycle Lawsuit
After completing the investigation, if a
case does not settle early, I will file a lawsuit on your behalf.
We may accelerate the filing of the lawsuit in the timeline if we
need to meet any statute of limitations requirements. There are
three main phases to the pedestrian or bicycle lawsuit process:
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Filing the lawsuit and exchanging the initial papers: We begin the lawsuit by filing a Summons and Complaint. That action triggers an exchange of legal papers with the defense. Upon filing the lawsuit, I will produce the third of six client reports, the Lawsuit Report, which provides details of the legal process and includes a copy of the papers filed on your behalf.
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Discovery: During the Discovery phase, we will exchange information with the defense and conduct depositions of the parties. When we begin the Discovery phase, I will provide you with the fourth client report, the Discovery Report, which provides the schedule for Discovery and explains the process in detail. We will schedule your deposition where the lawyer for the defense will ask you questions under oath. I will provide you with Deposition Guidelines, the fifth client report, to help you prepare and I will meet with you to prepare for the deposition.
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The Trial: After we complete the Discovery phase, I will put your case on the court calendar. The wait for a trial can take from one to three years, depending on the court backlog. Throughout that wait, I will update the assessment of the case with any new developments. As we near the trial date, I will provide you with the sixth and final client report, a Trial Report, which provides an overview of how I will try to the case. This report also helps you prepare for the trial.
Focus, Communication and
Service
As you can see, I work very hard in
preparing your pedestrian or bicycle case and do all I can to ensure
that you receive the justice you deserve. I will keep you abreast of
all developments, including regular updates on the collection of
medical records and the exchange of legal papers and speak to each
client at least once every two weeks.
I also provide a set of
six client
reports that are specific to your case and provide you with detailed
analysis and guidelines:
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Welcome Kit
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Case Assessment
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Lawsuit Report
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Discovery Report
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Deposition Guidelines
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Trial Report
Carol L. Schlitt - New York Pedestrian and Bicycle Lawyer
If you or a loved one believe you have a pedestrian or bicycle case, you should contact a New York personal injury who has experience with pedestrian and bicycle cases. If you think you have a case or if you have questions, you can call me and I will be glad to discuss your rights, answer your questions and help you with a potential case. You can call me at 1-800-660-1466 or send me an e-mail at Carol@SchlittLaw.com. The consultation is free and I will be glad to help you.
I hope you have found this information
helpful.
Carol L. Schlitt
New York Personal Injury Attorney
1-800-660-1466
Carol@SchlittLaw.com.