Nine Common Steps in a Lawsuit

Our experienced team of lawyers is well-versed not only in handling actual claims but we also have the time, patience and commitment that is needed to get you through the process.
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Listed below are the main steps that Rastin & Associates will take to represent you successfully in a Personal Injury lawsuit:

  1. Client Interview
  2. Fact Gathering
  3. Bringing a Claim
  4. Collection of Important Documents
  5. Examination for Discovery
  6. Review of the Law and Damages
  7. Mediation
  8. Pre-trial Conference
  9. Trial

Client Interview

During our initial interview, we’ll explain how the lawsuit process works and answer any questions you may have. We’ll discuss next steps and assure that we have the information we need to help you win your case.

Fact Gathering

During this process, the team at Rastin & Associates gathers all the available facts about your claim. When necessary, we retain the assistance of medical and investigative experts to make sure that we collect the best information possible. Fact gathering can include:
  • interviewing witnesses and taking statements
  • collecting relevant medical documentation
  • conducting forensic analysis
  • obtaining photos from the accident
  • completing a liability analysis

Bringing a Claim

This step is completed early in the process because we know how important it is to you to resolve your claim as soon as possible. The lawsuit is begun by issuing a Statement of Claim with the Superior Court of Justice. Copies of the Statement of Claim are also delivered to the Defendant.

Collection of Important Documents

All important documents and photographs are obtained from you and any other sources. We make certain that the evidence we need is readily available to avoid unnecessary delays and to maximize your claim.

Examination for Discovery

An examination for discovery gives us the opportunity to question the Defendant about the accident under oath. We obtain additional evidence by asking about any documents or information to which he or she has access. In turn, lawyers for the insurance company will ask similar questions of you. Typically, an examination for discovery will include:
  • a Personal Injury Lawyer from our office
  • a lawyer from the insurance company
  • you as the claimant
  • the defendant
  • a court reporter to record a transcript of what was discussed

Review of the Law and Damages

Once we have a good idea of all the facts, we review the law and provide you with an idea of how much you can expect to be paid to you in damages. This process includes obtaining detailed reports from various experts such as doctors, therapists, accountants, vocational experts and long-term care specialists.


This is our opportunity to attempt to settle your claim without going to trial. It is an informal process where we discuss with the Defendant’s lawyers how we might resolve the claim. If a claim isn’t settled during mediation, it goes to a pre-trial conference.

Pre-trial Conference

At the pre-trial conference, lawyers meet with a judge in an attempt to narrow down issues of the claim and try to settle it without going to trial. A convincing written submission that outlines the evidence and why we believe you are entitled to receive damages is sent for the judge to review prior to the conference.


Most personal injury claims settle prior to going to trial. If your claim is one of the small percentage that does go to trial, Rastin & Associates has the experience, skills, knowledge and resources to help you obtain a successful judgement.