Car Accident Trials in Long Island
Litigation of car accident trials in Long Island proceeds with the initial filing of the summons complaint. In response to that, there is an answer to that summons complaint. That answer comes with demands for different items that the plaintiff’s attorney has to supply the defendant’s attorney. That starts the stage of discovery, which is the longest part of any case. Once that stage of discovery is over, the case gets put on a trial calendar. For more information about the litigation process, consult with an accomplished auto accident attorney today.
Process of a Car Accident Trial in Long Island
The plaintiff’s attorney gives the opening statement first because it is their case. It is their burden to prove the case.
However, it is not important who goes first. What is important is if they have proven everything that has been represented. It is only important that they prove their facts thoroughly. What sticks with a jury is who has followed through and who has shown that they come through on what they were going to represent.
Procedure of Multiple Defendants
If there are multiple defendants, the trial will be based on how the defendants are listed in the complaint. Defendant #1 will go, Defendant #2 will go, and so forth. Generally, if there are multiple defendants, the plaintiff will close first, Defendant #1 will close second, and Defendant #2 is will go after that. More often than not, because most trials are one plaintiff versus one defendant, they each have to go according to the order that they are mentioned in the complaint.
Influence of Multiple Defendants
The influence of multiple defendants on a case depends on the circumstances. Sometimes it is good for the plaintiff because every defendant blames each other. The jury could then assign fault to one of them because they all blame each other, leaving the plaintiff alone. On the other hand, having four or five defendants against one plaintiff can be difficult because they are going to have four or five different voices on the plaintiff. The case can be negatively or positively impacted by multiple defendants.
Health Privacy Laws
Health privacy are not an issue because once the plaintiff discusses their health during a case because of an injury, which is every personal injury case, there is no privacy anymore. They have given up that privacy when they put their physical well-being at issue. However, there are some physical issues that are more sensitive in which the court would probably allow for more discretion, particularly when it comes to drug addiction or issues regarding sexual assault.
Length of Car Accident Trials in Long Island
Litigation of car accident trials last between one and four years.
The biggest factor that has influence on the length of a trial is multiple parties. If there are four defendants, it is going to take longer, especially if there are motions getting in the way of litigation. If a defendant or a plaintiff makes a motion, it could delay the case by three, four, five, or six months. Appeals could delay a case six months to a year or 18 months.