What Are the Steps of a Personal Injury Lawsuit in New York City?

If you’ve been injured in New York City, you may be wondering: What are the steps of a personal injury lawsuit? While every case is different, most follow a predictable process. Understanding these stages helps you know what to expect, from the accident scene to settlement or trial.

Whether your case involves a car accident, slip and fall, construction accident, medical malpractice, or another type of negligence, the following steps outline how a New York City personal injury claim moves forward.

Step 1: Get Medical Treatment

• Always seek immediate medical attention after an accident in NYC – even for minor injuries.
• Medical records from hospitals such as Bellevue, Mount Sinai, or NewYork-Presbyterian provide critical evidence.
• Delays can harm your health and your case by giving the defense room to argue your injuries were unrelated.

Step 2: Consult a New York City Personal Injury Lawyer

Your first legal step is hiring an experienced NYC accident attorney.

• Lawyers evaluate liability, damages, and insurance coverage.
• Most work on a contingency fee basis – you pay nothing unless they win compensation.
• An attorney who knows NYC courts and laws can guide you through each stage.

Step 3: Case Investigation & Insurance Claim

Your lawyer investigates and may first pursue an insurance settlement. This includes:

• Reviewing NYPD accident reports, surveillance footage, and witness statements.
• Collecting medical records, lost wage documentation, and expert opinions.
• Sending a demand letter to the insurance company.

Many personal injury cases in NYC settle at this stage. If not, your lawyer files a lawsuit.

Step 4: Filing the Lawsuit in Court

If negotiations fail:

1. Your lawyer files a summons and complaint in New York civil court or state Supreme Court.
2. The defendant is formally served and must respond (usually within 30 days).
3. Missing deadlines can result in dismissal or default judgment.

Step 5: Discovery Phase

Discovery is the exchange of evidence and information between both sides, which may involve:

• Depositions (sworn testimony)
• Interrogatories (written questions under oath)
• Requests for documents and admissions
• Independent medical evaluations

Discovery is often the longest stage and may lead to renewed settlement talks.

Step 6: Settlement Negotiations & Mediation

• Most NYC personal injury cases settle before trial.
• Negotiations often continue after discovery.
• Courts may require mediation with a neutral third party.
• Attorneys may file motions to dismiss claims or exclude evidence before trial.

Step 7: Trial

If no settlement is reached, the case goes to trial. The process includes:

1. Jury selection
2. Opening statements
3. Witness testimony and cross-examination
4. Closing arguments
5. Jury deliberation and verdict

Trials in New York City may last days, weeks, or longer depending on complexity.

Step 8: Post-Trial, Collection & Appeals

• If you win, the defendant (or their insurer) must pay damages. If payment is delayed, your lawyer may pursue wage garnishment or property liens.
• Either party may appeal, but appeals only address legal errors – not the facts of the case.
• Before funds are released, your lawyer resolves medical liens and outstanding claims.

Factors That Influence Your Case in NYC

• Severity of injury – Permanent or disabling injuries increase compensation.
• Strength of evidence – Medical records, witnesses, and expert reports matter.
• Shared fault – Under New York’s comparative negligence rule, damages are reduced if you were partly at fault.
• Insurance limits – Recovery may be capped by policy coverage.
• Case type – Complex cases like medical malpractice or government claims take longer.
• Court delays – NYC courts are busy, which may extend timelines.

New York’s Serious Injury Threshold (Car Accidents Only)

Under New York’s no-fault law, you may only sue for a “serious injury” (Insurance Law § 5102(d)), such as:

• Death, dismemberment, disfigurement, or fracture
• Loss of a fetus
• Permanent limitation of a body part or system
• Significant limitation of daily activities for 90 out of 180 days post-accident

New York Statute of Limitations

Deadlines for filing in NYC are strict:

• Personal injury – 3 years from the date of the accident
• Wrongful death – 2 years from the date of death
• Claims against NYC or government entities – Notice of claim within 90 days

Missing these deadlines can bar you from recovering compensation.

Why Choose Greenstein & Pittari, LLP in New York City

• Harlem-based law office with seven locations across NYC (Bronx, Brooklyn, Queens, Staten Island, Yonkers, Nassau County)
• No fee unless we win your case – Our Fee Guarantee
• Bilingual legal services available
• Hundreds of positive reviews and client testimonials
• Top-rated NYC personal injury lawyers recognized by Best Lawyers & Super Lawyers
• We fight insurance companies so you can focus on healing

Don’t Be a Victim Twice – Call 1-800-VICTIM2 (1-800-842-8462) for a free consultation with an experienced New York City personal injury lawyer today.