YEARS OF INJURY
5/5 STAR REVIEWS
5/5 STAR REVIEWS
If your case was not initially settled at the demand stage, it may be necessary to proceed with formal litigation, or a lawsuit. You are probably apprehensive, especially if you’ve never been party to a lawsuit before. However – as long as you tell the truth and work with us, you have nothing to worry about.
Here is a quick overview of what to expect in litigation.
Length of Litigation
The length of any litigation will vary based on a number of factors. Sometimes litigation is very quick, with a new settlement offer immediately after the lawsuit is filed. Other times, the case may not be settled and the process could take anywhere from a few months if the case is resolved in arbitration to a year or more to finally go to a jury trial. Either way, we will be at your side throughout the entire process.
When we file a lawsuit on your behalf, we will receive a case code number and a schedule from the court. This schedule lays out all of the important deadlines and hearing dates for your case, including your trial. After the lawsuit is filed, the defendant is officially served with the suit, and has a limited number of days to formally respond.
Arbitration or Trial?
Depending on the circumstances of your case, it will either proceed to trial before a judge and jury, or to arbitration. Arbitration is a quicker and less expensive way to resolve disputes. Rather than a normal judge, a retired judge or attorney typically oversees the case.
We typically avoid arbitration when your damages exceed $100,000, because that is the maximum amount that can be awarded in an arbitration proceeding.
Sometimes, due to either the language of your insurance policy or the preference of both parties, a case will proceed to arbitration rather than the public court system.
Your case may also go into mediation. More information about that process is available here.
Before the trial or arbitration officially begins, there is a process of evidence collection called discovery. During this process, both sides will collect evidence, witness statements, etc. Discovery helps both sides to narrow down the disputed facts in the case and set up their arguments for trial.
During the discovery process, you will likely be asked to answer a series of interrogatories, or questions posed by the opposing attorney in writing. For the most part, these will be simple questions about the nature of what happened to you, your pain level, symptoms, among other issues. It is vitally important that these questions are answered truthfully.
Typically, the vast majority of the questions are easy for us to answer based on the information you have already provided us. We will fill out responses to each of the questions and note any areas where we need more information from you.
Once we feel that we have sufficient answers to all of the questions, we will ask that you sign to verify that they are true.
For an example of an interrogatory, click here.
Interrogatories are often given early on in the process to prepare for a deposition. A deposition is an oral interview, usually conducted at a law office, with a court reporter present for transcription. The defense attorneys will question you, attempting to nail down your story and catch any contradictions. For more information on depositions and how to prepare for one, click here.
Defense Medical Examination
If a case proceeds toward trial, the defendant will likely ask for a medical examination so that they can confirm (and question) your injuries. More information about these examinations is available by clicking here.
Depending on the nature of your case, we may hire experts to testify at trial. These may include medical experts who can speak to your injuries, accident reconstruction experts to help determine fault, and economists to calculate your lost wages.
Your case may settle long before trial. However, if your case does go to trial, you can be assured that your case is in good hands. Our litigation staff has a strong track record of winning difficult cases, as well as negotiating powerful settlements on the eve of trial.
More information on the trial process is available here.
Did a great job in handling my case. Quick and professional. Communicated with me every step of the way and the end result was more than expected. I highly reccomend and am forever grateful.
Gracias por su amable atencion estoy muy satisfecha con los servicios de ustedes los recomiendo estube en las mejores manos muchas gracias ppr preucuparce de mi y de mi hija lucharon por lo justo gracias avogados por luchar por los derechos de las personas
Very thankful to Park Chenaur for handling my case quickly and efficiently. Very compassionate team. They make sure you are comfortable and educated in your options and work hard to get you the results you deserve. My case manager Mitchel was great and helped me really understand my options and each step of the process.
I was 8n a car accident in January of 2017. The first call I made was to these guys… they where awsome Lola came to my house and got started right away. They maintained contact with me and kept me informed via email and phone.. I received the medical care I needed and they fought to get that reimbursement. . And after everything I feel I got a fair deal. I highly recommend them. Also liandra is very kind and helpful…Thank you guys so much
My boyfriend and i worked with Mr. Pustzai on a car accident case. Working with him and his team was nothing short of amazing. They were there for us every step of the way, from the incident until the final court days and beyond that. I have always been able to reach out to Vita and Mr.Pustzai with any questions and get a quick response. They show empathy and are personable as well as very professional! Thank you so much for your work.
Mr. Park was understanding, extraordinarily competent, and hard working. His advice and guidance every step of the way was invaluable and extremely helpful. He was always very easy to reach by phone or email, kept me updated on all aspects of the case and succeeded in getting me a fair and generous settlement.
When you talk with them they are able to walk you through your case step-by-step, and they are able to make you understand each and every aspect of your case.
They handled my case very professionally. They were always very helpful, always available, very kind and great to work with. I felt like I was treated like family.
They just made me feel really secure that they were going to do their best and they were going to fight for me. It just felt nice to have someone care enough to want to do that for us.
My wife and son were in a collision in February, Mitchell was amazing. He made our family feel very cared for and took care of everything for us. A very competent and professional person. If I ever have any issues again I know the first place I’m going. Thanks Mitchell
My case recently closed and I am glad to have worked with Mitchel Pinedo during the entire process. I did not know how to deal with this situation as I had never been in a car accident before. I was not well health wise and neither was my mother. I lost my car as it was totaled and I was not at fault. Mitchel handled the case and exceeded all expectations. He kept me updated and answered all of my questions. Mitchel is very professional and was always punctual to our meetings. I highly recommend you to see Mitchel if you are in need of a great lawyer.
I first worked with Kimberly Yoon about 10 years ago for an auto accident case. Though I had no knowledge of legal procedures, she was so patient and sincerely empathetic. So when I was involved in another auto accident, I knew she was the best person to call. Her level of experience and client care exceeded my expectations. Her assistant, Michael, is just as caring and quick to follow up as she is. Thank you very much for eliminating much of the stress that follows an accident and ensuring that your client gets the best care!
Park Chenaur is the best! I’ve been referring people to Kimberly Yoon for the last three years because she’s amazing! She works hard to get you the best possible outcome for your case and really makes you feel great as a client. My mom was in a auto accident last year and Kimberly was able to get her well above what we were expecting. Thanks again Kim & Park Chenaur!
My mother and I worked with Mitchel Pinedo after our car accident and all I can say is he’s truly wonderful. He made the entire process easy to understand and was extremely helpful. It was our first time seeking out a lawyer and having him help us from start to finish made the whole experience much better and stress free.
I have had a positive experience and will continue to recommended to friends and family. I could not have asked for a better firm or attorney for not one but several cases. Park Chenaur & Associates are honest, courteous, friendly, knowledgeable, and have been very important and good to me for several years. I highly recommend!
Very happy with the end result. Never thought I would get a million. Great friendly hard working people. Thanks again.