Frequently Asked Lawsuit Questions

If you want to find out more about how a lawsuit works, see the list below for answers to frequently asked questions. The next logical step is to contact the Law Offices of Edward Vilinsky right now to fill out a form.

• I think I have a legal claim. What do I do now? 
• How do I know which lawyer to use? 
• How do I pay for an attorney? 
• The Law Offices of Edward Vilinsky have taken my case. What now?
• What do I have to do during discovery? 
• What if I have to have an independent medical examination (IME)?
• What if I have to give a deposition? 
• What if my case settles? 
• What if my case goes to trial?
• What do I have to do if my case goes to trial?

Q: I think I have a legal claim. What do I do now?

A: If you think you have a legal claim, your first step is finding a lawyer to represent you. You can contact the Law Offices of Edward Vilinsky by calling us at 718-927-0100, or emailing us at info@vilinskylaw.com. We’ll help you evaluate your case.

Q: How do I know which lawyer to use?

A: When you’re filing a lawsuit, you want to use an attorney who has experience dealing with your type of claim and a proven track record of success. Ask your attorney what kind of experience they have, how long they have been practicing, how much time they spend on cases like yours, and any other questions you may have. It is important that you are comfortable with and confident about your attorney, and you should never be afraid to ask questions.

Q: How do I pay for an attorney?

A: Most personal injury firms, including the Law Offices of Edward Vilinsky, work on a contingency basis. This means that you only pay for our services if we win a verdict or settlement for you. If no recovery is made, you pay nothing.

Q: The Law Offices of Edward Vilinsky have taken my case. What now?

A: The first part of the lawsuit process is called ‘discovery.’ In this phase, the lawyers for the plaintiff (you) and the defendant (the person or company you are suing) try to discover what evidence exists and how this evidence proves or disproves your claim.

Q: What do I have to do during discovery?

A: As your lawyers, we have to get as much information from you as possible to prove your case. The lawyers for each side will supply each other with written questions regarding your personal information, the names and addresses of witness, your injuries and medical treatment, and the experts each side intends to call to present their case. These questions are called interrogatories. During this time, you may be contacted by your lawyer or paralegal who will ask you for more information about your accident, your injuries, and what kind of medical treatment you received. We will use your answers to strengthen your case.

Q: What if I have to have an independent medical examination (IME)?

A: An IME is a very common part of the discovery process. During an IME, an independent doctor is used to get an unbiased opinion of your medical condition. Since the defendant usually asks for the IME, they cover its cost. If the Law Offices of Edward Vilinsky requests the IME, we will only be reimbursed if we get a recovery for you.

Q: What if I have to give a deposition?

A: A deposition is testimony given under oath that is recorded for use in court at a later date. During your deposition, the Law Offices of Edward Vilinsky will ask the defendant questions, and the defendant’s lawyer will ask you questions. A court reporter will be there to record everyone’s testimony. We will prepare you for your deposition so you will be familiar with the process and know what to expect, and your attorney will be by your side the whole time to make sure the deposition is fair and proper.

Q: What if my case settles?

A: Once the discovery process is done, your case will either settle or go to trial. If your case settles, your lawyer and the defendant’s lawyer will both tell a judge what their ‘bottom line’ is. The judge will then try to determine an amount that is acceptable to both parties.

Q: What if my case goes to trial?

A: If your case goes to trial, a judge or jury will determine whether the defendant is responsible for financially compensating you for your injuries or not and what amount the defendant is responsible for. If the Law Offices of Edward Vilinsky wins a settlement or verdict for you, we will take our fee from there.

Q: What do I have to do if my case goes to trial?

A: If your case does go to trial, your attorney will be with you every step of the way. First, the lawyers will review preliminary matters such as what evidence can be used and which witnesses will testify. Once these issues have been decided, a jury will be selected. Once the trial begins, both sides give their opening statements to the jury. Witnesses are then called and questioned by the lawyers on both sides. Lawyers then give their closing statements, summarizing the case as they see it for the jury. The judge presiding over the case then issues instructions to the jury. The jury then goes into a jury room to deliberate over the case. Once the jury has reached a unanimous decision, they return to the courtroom and inform the judge of their decision.