What Happens After You File a Car Accident Lawsuit in NYC?
Filing a car accident lawsuit in New York City can feel overwhelming, especially if you are dealing with serious injuries, lost income, and pressure from insurance companies. Many victims know they deserve compensation, but they do not understand what happens next.
At Greenstein & Pittari, LLP, our New York City car accident lawyers guide clients through every stage of litigation. We handle the legal process so you can focus on your recovery while we fight for the compensation you deserve.
If the insurance company is not treating your case seriously, filing a lawsuit may be the step that changes everything.
When Should You File a Car Accident Lawsuit in New York City?
A lawsuit is typically filed when:
- The insurance company refuses to offer fair compensation
- Liability is disputed
- Your injuries meet New York’s serious injury threshold
- Negotiations have stalled
Under New York Insurance Law § 5102(d), you must meet the serious injury threshold to recover pain and suffering damages. This includes:
- Herniated or bulging discs
- Fractures
- Permanent injury or disability
- Significant limitation of a body function
- Loss of use of a body part
You generally have three years from the date of the accident to file a lawsuit. However, cases involving government vehicles require much shorter deadlines.
Do not wait. Call Greenstein & Pittari, LLP today for a free consultation to protect your rights.
Step 1: Filing and Serving the Lawsuit
Your attorney files a summons and complaint in a New York court.
This document explains:
- How the accident happened
- Why the defendant is responsible
- The injuries and damages you suffered
The defendant must then be formally served and given time to respond.
Step 2: The Defendant’s Answer and Legal Defenses
The defendant responds by filing an answer, which often includes:
- Denials of fault
- Claims that you were partially responsible
- Legal defenses to reduce compensation
New York follows comparative negligence rules. This means your compensation can be reduced based on your percentage of fault.
Insurance companies often try to shift blame. Our attorneys push back aggressively to protect your claim.
Step 3: Discovery in a NYC Car Accident Lawsuit
Discovery is where both sides gather and exchange evidence.
This includes:
- Medical records
- Police reports
- Witness statements
- Insurance information
- Wage and employment records
Discovery is critical because it determines the strength of your case.
Step 4: Depositions
A deposition is sworn testimony taken before trial.
You will be asked questions about:
- The accident
- Your injuries
- Your medical treatment
- How your life has changed
We prepare you thoroughly so you feel confident and protected during questioning.
Step 5: Independent Medical Examinations
The insurance company may require you to attend an Independent Medical Examination.
These exams are often used to:
- Downplay your injuries
- Dispute causation
- Reduce your claim value
We prepare you for these exams and challenge unfair conclusions.
Step 6: Motions and Court Conferences
Attorneys may file motions seeking the court’s decision on legal issues.
These include:
- Motions to dismiss
- Motions for summary judgment
- Requests to limit evidence
The court may also hold conferences to move the case forward and encourage settlement.
Step 7: Settlement Negotiations During Litigation
Even after filing a lawsuit, settlement discussions continue.
Filing a lawsuit often increases settlement value because:
- The insurance company sees you are serious
- Evidence strengthens your position
- Trial risk increases
Never accept a settlement without speaking to a lawyer. We fight to maximize every dollar of your recovery.
Step 8: Trial
If your case does not settle, it goes to trial.
At trial:
- A jury hears your case
- Witnesses and experts testify
- Your attorney presents evidence
The jury determines fault and compensation.
How Long Does a Car Accident Lawsuit Take in New York City?
Most cases take:
- Several months for simple claims
- One to three years for complex cases
Delays can be caused by:
- Severe injuries
- Disputed liability
- Court scheduling
- Insurance company tactics
Why Filing a Lawsuit Can Increase Your Settlement
Filing a lawsuit often leads to higher compensation because:
- Insurance companies take your claim more seriously
- Evidence becomes harder to dispute
- Trial risk pressures insurers to settle
We prepare every case as if it will go to trial. That preparation often leads to stronger results.
Why Choose Greenstein & Pittari, LLP
Choosing the right law firm can make a significant difference in your case.
Here is why clients trust us:
- Local Harlem office for convenience and trust
- No fee unless we win your case. Our Fee Guarantee
- Bilingual services available
- Hundreds of positive client reviews and testimonials
- We handle the insurance companies so you can focus on healing
- Top-rated, award-winning lawyers recognized by Best Lawyers and Super Lawyers
We have seven convenient locations throughout New York, including Harlem, Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County.
Your convenience is always a priority.
Get a Free Consultation With a NYC Car Accident Lawyer Today
Do not let the insurance company control your future.
At Greenstein & Pittari, LLP:
- The call is free
- The consultation is free
- You pay nothing unless we are successful
Our firm focuses exclusively on personal injury law. We have a proven track record of results, responsiveness, and relentless advocacy.
Don’t Be a Victim Twice
Call 1-800-VICTIM2 (1-800-842-8462) today to schedule your confidential consultation.
Take the first step toward the compensation and justice you deserve.
Frequently Asked Questions About Car Accident Lawsuits in New York City
Do I need a lawyer to file a car accident lawsuit in NYC?
Yes. Litigation involves complex laws and procedures. An experienced NYC car accident lawyer can protect your rights and maximize your recovery.
What qualifies as a serious injury in New York?
A serious injury includes fractures, permanent limitations, significant impairments, and other conditions defined under New York law.
Will my case go to trial?
Most cases settle before trial. However, your attorney should always be prepared to go to court if necessary.
Can I still recover damages if I was partially at fault?
Yes. New York uses comparative negligence. Your percentage of fault reduces your compensation, but you can still recover damages.
How much is my car accident lawsuit worth in NYC?
The value depends on medical expenses, lost wages, pain and suffering, and long-term impact on your life.
What is an Independent Medical Examination?
It is an exam requested by the insurance company to evaluate your injuries. These exams often favor the insurer, which is why legal preparation is important.
How long do I have to file a lawsuit in New York?
Generally, three years. Claims involving government entities may require notice within 90 days.
Will filing a lawsuit delay my case?
It can extend the timeline but often results in higher compensation.
What should I do if the insurance company denies my claim?
You should speak with a lawyer immediately. A lawsuit may be necessary to recover fair compensation.
If you have questions about your case, do not wait.
Call 1-800-VICTIM2 (1-800-842-8462) today and let Greenstein & Pittari, LLP fight for you.