Knowing how personal injury lawsuits work in New York means you’ll know what to expect throughout the process.
Our Bronx personal injury lawyers detail what you need to know about the process below.
Pre-Lawsuit Steps
Before a personal injury lawsuit is officially filed in a New York court, attorneys typically engage in an important pre-litigation phase aimed at building a strong foundation for the case and, if possible, resolving it without going to trial.
Investigation is the first step. Attorneys collect and review all available evidence, including police or accident reports, medical records documenting the injuries and treatment, witness statements, photographs or videos of the accident scene, and any relevant expert opinions. This stage helps determine the strength of the claim and identify potential defendants.
Next comes the demand letter, which the injured party or their attorney sends to the at-fault party’s insurance company. This letter outlines the facts of the incident, explains why their insured is legally responsible, and details the plaintiff’s injuries, medical expenses, lost wages, and other damages. It often includes a specific monetary demand to settle the matter.
Following the demand letter, settlement negotiations can begin. Attorneys for both sides may exchange offers and counteroffers, discuss liability, and evaluate the risks of going to court. In many cases, these negotiations lead to a settlement, saving both parties the time, expense, and uncertainty of litigation. Depending on the circumstances, an attorney may decide to instead file a lawsuit.
Filing the Lawsuit
To formally commence a personal injury lawsuit, your attorney must file a Summons and Complaint (or, alternatively, a Summons with Notice) with the Office of the County Clerk.
Once filed, the Court Clerk assigns an Index Number, a unique identifier for the case that must appear on all subsequent filings. The fee prescribed under CPLR § 8018 must be paid at that time.
If the plaintiff qualifies as financially indigent, they may be able to get the fee waived.
What’s in the Complaint?
The complaint is the fundamental document that initiates the legal action. It must include:
- A clear statement of the facts giving rise to the claim (e.g., accident details, injuries).
- The legal basis for the claim—what laws or duties were violated.
- The damages sought, which is typically monetary compensation. In New York, the complaint itself may not specify a dollar amount for a jury to consider.
Serving the Defendant
After filing a personal injury lawsuit in New York, the plaintiff must serve the defendant with a summons and complaint. This formally notifies the defendant of the case and gives them a chance to respond.
Service must be completed by someone at least 18 years old who is not a party to the lawsuit—often a professional process server. The papers can be delivered directly to the defendant, left with a responsible person at their home or workplace and then mailed, or, if those efforts fail, attached to their door and mailed (a method known as “nail and mail”).
Plaintiffs generally have 120 days from filing to serve the defendant. Once completed, the process server files an affidavit of service with the court to prove proper delivery.
Discovery
After the initial pleadings are filed and the defendant has been served and has answered, a New York personal injury case moves into the discovery phase. Discovery is the formal exchange of information between both sides, designed to uncover the facts and evidence that will shape the case.
This can include:
- Written questions called interrogatories
- Requests for documents such as medical records or accident reports
- Depositions, where witnesses give sworn testimony outside of court
In personal injury cases, discovery often involves independent medical examinations as well. The purpose of discovery is to begin building the case, eliminate surprises at trial, allow both parties to evaluate the strength of the case, and encourage settlement where possible. Because discovery can be detailed and time-consuming, it is often one of the longest stages of litigation.
Pre-Trial and Negotiations
Before a personal injury case reaches trial, both sides may file pre-trial motions to resolve legal issues in advance. These motions can include requests to dismiss certain claims, exclude evidence, or even seek summary judgment, which asks the court to rule without a trial if the facts are not in dispute. Pre-trial motions can significantly shape how the case proceeds, narrowing the issues for trial or, in some cases, ending the lawsuit entirely.
At the same time, most personal injury cases involve ongoing negotiations with the insurance adjuster. The adjuster represents the defendant’s insurance company and evaluates the claim’s value based on medical records, accident reports, and liability evidence. Negotiations often take place throughout the litigation process, and many cases are resolved through a settlement agreement rather than a trial. Effective negotiation can save both time and expense, but it requires careful preparation and a willingness to go to trial if a fair settlement cannot be reached.
Trial (If Necessary)
If a personal injury case does not settle during negotiations, it moves forward to trial. At this stage, both sides present their evidence before a judge or jury. The process begins with jury selection, followed by opening statements that outline each side’s position. The plaintiff’s side then presents witnesses, medical experts, and other evidence to support their case, after which the defense has the opportunity to cross-examine and present its own case.
Once all evidence is presented, both sides give closing arguments, and the judge provides instructions to the jury. These instructions break down any applicable laws to ensure the jury understands how to apply the law(s) to the evidence they have been shown and the argument that has been made. The jury then deliberates and issues a verdict, deciding whether the defendant is liable and, if so, how much compensation should be awarded.
Trials can be lengthy and unpredictable, but they also provide plaintiffs with the opportunity to tell their story publicly and seek justice when a settlement cannot be reached.
How Do I Prove My Case?
In most cases, you will need to prove negligence to hold another party liable. That requires establishing the following:
- Duty of care: The other party must have owed you some sort of duty to keep you safe.
- Breach of duty: They must have breached that duty.
- Causation: Their breach must have caused your injuries.
- Damages: You must have suffered damages, such as medical bills, lost wages, or pain and suffering.
How Long Do I Have to File a Personal Injury Lawsuit in New York?
In New York, the statute of limitations for most personal injury cases is three years from the date of the accident or injury. This means you must file your lawsuit within that period, or the court will likely dismiss your case, no matter how strong it is.
Certain types of cases have different rules and deadlines. For example, cases against cities or New York State have shorter filing deadlines. You have 90 days to file a notice of claim and one year and 90 days to file a lawsuit.
Because these deadlines are strict and can vary depending on the circumstances, it’s important to speak with an attorney as soon as possible to protect your rights.
Our Attorneys Take Your Case With No Upfront Costs
When you choose us to represent you, we take care of every aspect of your case from start to finish. That means handling all communication with the insurance company, gathering medical records and evidence, negotiating for a fair settlement, and, if necessary, fighting for you in court. You won’t have to worry about deadlines, paperwork, or dealing with adjusters; we manage it all so you can focus on your recovery.
Best of all, we work on a contingency fee basis. This means you pay nothing up front and no hourly fees. Our payment comes as a percentage of the recovery we secure for you. You only pay for our time if we win. This arrangement ensures that our interests are completely aligned with yours: we only succeed when you do.
Get Our Help Filing Your Personal Injury Lawsuit in New York
At the end of the day, choosing the right law firm can make all the difference in how confident you are in the strength of your personal injury case. With over 100 years of combined experience, the Aviles Law Firm PLLC team has the knowledge and resources to guide you through every step of the process, from the first phone call to the final resolution. Our lawyers have recovered over $1 billion for clients, including numerous multi-million-dollar settlements and verdicts, and we are proud to have achieved a 99.99% success rate.
When you work with us, you can count on compassionate advocates who will handle every detail of your case while you focus on healing. Call us today to get started. You can rely on us to stand by your side from start to finish and fight for the justice and compensation you deserve.
