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When you were injured as a result of someone else’s fault, whether due to medical malpractice or an accident of some kind, the claims process can feel overwhelming. Between medical appointments, missed work, and dealing with insurance companies, you may be confused about what happens next. While many personal injury claims in New York settle before reaching court, some require filing a personal injury lawsuit to recover fair compensation.
Understanding how the process works can help you feel more prepared and in control from the very beginning when you decide to take legal action against the other party in your personal injury dispute.
Step 1: Choosing Where to File
The first step is figuring out where to file your personal injury case. This is where an experienced personal injury attorney’s guidance becomes crucial. Where you file will depend on where the involved parties live, work, or where the accident happened. Smaller personal injury lawsuits, generally those up to $50,000, may be filed in New York City Civil Court, while larger claims are typically filed in the New York Supreme Court.
It is also worth noting that if your personal injury case involves the City of New York or another municipality, there are additional rules. For instance, personal injury lawsuits require early notice and must be filed in the specific county depending on the circumstances of the accident.
Step 2: Serving the Defendant
Once your personal injury attorney files the personal injury lawsuit, the next step is to serve the at-fault party with a summons and complaint formally. Once served, they have 20 to 30 days to respond. If they fail to answer, you may request a default judgment.
Step 3: The Discovery Process
The discovery process is often the longest phase, especially if your personal injury lawsuit is complex. Discovery is where both sides gather evidence and learn more about each other’s personal injury claims.
Here, you can expect requests for documents such as medical reports, accident photos, and insurance information. You may also be required to respond to written questions, called interrogatories, under oath.
Additionally, depositions may take place. This is where the involved parties and witnesses give sworn testimonies under oath. The discovery process is critical because it shapes how strong your case is and often sets the foundation for settlement negotiations.
Step 4: Settlement Offer and Pre-Trial
Most personal injury cases resolve before trial through settlement negotiations. In some personal injury lawsuits, courts actually require alternative dispute resolution (ADR), otherwise known as mediation, to try to reach an agreement. Before trial, personal injury attorneys may file motions to dismiss certain personal injury claims or to limit the evidence that can be presented.
Step 5: The Personal Injury Trial Process
If no settlement amount is reached, the personal injury lawsuit goes to trial. The trial process includes selecting a jury, the questioning and cross-examination of witnesses, and, at the end, a judge or jury decides the outcome. A trial can take a few days to several weeks, depending on the complexity of the personal injury lawsuit.
Step 6: Post-Trial, Collection, and Appeal
If you win, the next step is collecting the judgment. This may involve working with the insurance companies or pursuing enforcement action if payment is delayed. It is important to note that either side has the right to appeal, although appeals focus on legal errors rather than arguing the facts.
There are strict filing deadlines in New York. Generally, you have three years from the date of injury to file most personal injury lawsuits. Missing this could mean losing your right to recover compensation.
Contact a Personal Injury Lawyer at Monarch Law Group for a Free Consultation to Discuss Your Legal Options
Contact our experienced New York City personal injury lawyers at the Monarch Law Group today to help you understand your options and fight for the compensation you deserve. Your initial consultation is free, so contact us today to get started.
