Brooklyn, NY asked in Personal Injury, Animal / Dog Law and Civil Rights for New York

Q: How long ussually a case take after fillings

2 Lawyer Answers
Peter Briskin
Peter Briskin
PREMIUM
Answered
  • Immigration Law Lawyer
  • New York, NY
  • Licensed in New York

A: This is a very difficult question to answer. Duration of the litigation process varies from case to case. It depends on a number of factors including how many parties are involved in the lawsuit, the complexity of the issues involved, The cooperation of counsel for the parties as well as the county the case is venued in, among other things. In certain situations there may be a preference that is applicable depending on the plaintiff which would accelerate the time for trial once discovery is complete.

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: It will depend on a number of factors. After filing a case, the parties may choose to conduct investigation(s) to determine respective liabilities of all parties involved. This could involve contacting witnesses and taking statements and affidavits. The speed with which investigations are concluded could depend on the complexity of the case, the number of parties involved, the ability to contact witnesses and obtain their testimony.

After filing, the case may move toward discovery, which involves the exchange of information between parties. The speed with which discovery moves forward could depend upon whether parties are forthcoming with information or they resist providing information. Regarding injuries, the parties could choose to await a final diagnosis and determination of claimant’s injuries and medical conditions, looking at factors such as injury severity, permanence, and extent of disability.

Depending the complexity of a case, experts could be required, whether in terms of medical opinions, engineering opinions, accident reconstruction, or other areas. After discovery is completed, it could depend on the dockets of the court as to how long a case takes to come up on the calendar. There are other factors as well. Plaintiffs and their attorneys have control over a number of these, but some are out of their control, such as how long it takes to get a trial date.

Tim Akpinar

www.mycounsel.us

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