Will Forero, Esq.

free consultation
516.210.6611

Virtual Representation: Litigate from the Comfort of your Home

Businessman using digital tablet in office

Oftentimes my friends who live in New Jersey or Long Island see that my office is in the Bronx and ask me if I would be able to represent them if they were ever injured in an accident. The answer to that is of course! I travel a lot to meet with clients who are unable to get to our office in the Bronx for meetings. 

However, I am finding more and more that clients do not want to set aside time to meet in person because of their busy schedules. The coronavirus pandemic accelerated the modern workplace’s usage of technology, and many people would prefer to set aside time during their workday or when they have a moment in the evening to meet virtually instead. 

If you prefer to litigate your personal injury case virtually, here is an outline of what it will look like:

Intake Meetings/Sign Up

If you decide to retain me to represent you in your personal injury action, our first meeting can be done virtually via a video chat platform. At this meeting, we will go over all of the facts about your accident. A retainer agreement can be sent for an e-signature. There are some documents that must be physically signed such as HIPAA authorizations and other documents necessary to obtain medical records from your healthcare providers. These documents can be mailed to your home with a self-addressed return envelope so that you can drop it directly in the mailbox after signing. 

Filing a Complaint

The first step in litigating your personal injury action is to file a complaint with the relevant court. Once your complaint is finalized, it will be emailed to you for your review. It is important to verify that all the information about your accident is accurate in the complaint. After your review, we will confer about the complaint either over the phone or by video chat. If you are outside of the Bronx, you do not need to sign the complaint. After discussion, the complaint will be filed.

“Paper” Discovery

Once a defendant makes an appearance in the newly filed case, most often by an attorney paid for by their insurance company, they will file an “Answer.” Then the parties proceed to a step sometimes referred to as “Paper” Discovery. This refers to the collection of all documentation relevant to the personal injury action. The most significant documentation is usually your medical records. Defendants also make a demand for a “Bill of Particulars.” A Bill of Particulars “particularizes” the allegations you made in your complaint. In other words, it describes your injuries and the cause of your accident in greater detail. Similarly, this can be accomplished 100% virtually. You will work mostly with a personal injury paralegal to complete this step of the process.

Defense Medical Examinations

Defendants and insurance companies like to call defense medical examinations “independent medical examinations.” Don’t be fooled! There is nothing “independent” about these examinations. They exist solely for the purpose of defendants and insurance companies hiring doctors to “evaluate” you, likely in the span of a few minutes, so they can write a report about how you are fully healed. 

Unfortunately, this can not be done remotely. We will work with the defendant to find a convenient time where you can see its doctor. However, we will make sure that the examination takes place in the county where the litigation was brought. Most of the time this is also the county you reside in. Also, a contractor hired by our office will accompany you to your defense medical examination to record exactly how “thorough” the examination was. 

Depositions

Once all parties to the litigation are satisfied that the relevant discovery has been exchanged, depositions will be scheduled. Since the coronavirus pandemic, most depositions in personal injury litigations have been occurring remotely. However, if a defendant chooses to be difficult, and insists on an in-person deposition, the court will likely order it to be in person unless there is an irrefutable reason for holding the deposition remotely. An example may be for an immunocompromised plaintiff. Defendants may choose to pursue an in-person deposition as a tactic to make litigating your case more difficult. However, most depositions are still occurring remotely. 

Prior to your deposition, we will coordinate to prepare for your testimony. This can be done fully remotely. 

Court Appearances

The court will order appearances from the parties throughout the litigation. Luckily, you do not need to attend these court appearances and I will appear for you. On a rare occasion, the court may require that you be available by telephone during the appearance. This happens most often during settlement negotiations. I have yet to experience the court requiring a plaintiff to personally appear for a court conference. 

If your case is not settled before trial, you may need to appear in court to testify.

All in all, there are only a handful of times during pre-trial litigation where the required steps cannot be accomplished virtually. It is my goal to make litigating your case as easy on you as possible so that you can focus on healing and maintaining a life that is as close as possible to how it was before your accident.

Don’t Wait to File a Claim

If you or a loved one has been injured in an accident, contact me at forero@pryorlaw.com, by phone at 516-210-6611, or through my online form to discuss your options. You may be entitled to significant compensation. Be aware, there is a three-year statute of limitations to bring a lawsuit to recover for injuries sustained in accidents. I am available for my clients day and night. Pryor Law offers free no-obligation consultations for all types of injury cases. Pryor Law has represented injured individuals and their families for over thirty years. We have obtained favorable settlements and verdicts for our clients through settlement discussions, mediations, and trials. 

More from Will

More from me can be found on Twitter, Instagram, and LinkedIn. As always, you can find me: @bronxattorney.

Will Forero, Esq.

Pryor Law

292 City Island Ave., Bronx, New York 10464

516-210-6611 | forero@pryorlaw.com

Facebook
Twitter
LinkedIn
Pinterest
Email

Leave a Reply

Your email address will not be published. Required fields are marked *

Recent News

Contact us

Get In Touch

We're available to answer your questions 24/7.

(516) 210-6611