NYC Personal Injury Claims & Lawsuit Process

The Personal Injury Lawsuit Process

Step 9: File the Complaint

Lawsuits are initiated by filing a summons and complaint for damages. The complaint is a carefully written document that states your legal claims as the plaintiff.

Your complaint identifies the alleged at-fault parties as the defendants. It also details the different types of compensation we ask to recover.

Step 10: Serve the Defendant

For a lawsuit to move forward, the defendant or defendants must receive proper service of process. This is known as being served papers. New York law dictates how a person or business must be served.

If the complaint and summons to court are not delivered properly, then the defendants can ask for the case to be dismissed.

Step 11: Receive the Defendant’s Answer

The defendant is entitled to respond to the complaint. In the answer, the defendant denies the claims made in the complaint. The defendant might state one or more defenses.

The answer is often shorter than the complaint. The defendant can make a counterclaim or bring in a third-party defendant at the same time. If the defendant fails to respond to the complaint, we might file a Motion for Default Judgment.

Step 12: The Discovery Process

After we file the complaint and the other party answers, the lawsuit enters the fact-finding stage called discovery. It accounts for most of the personal injury lawsuit timeline.

During discovery, both sides exchange relevant information to gather any evidence that supports their positions. Common legal tools used during discovery are Bill of Particulars, Requests for Admissions, Interrogatories, and Requests for Production of Documents.

Discovery also requires taking depositions, which involves people testifying under oath, outside of court, about the facts of the case.

Step 13: Retain Expert Witnesses

Discovery is the continuation of our investigation. As we learn more, we might strengthen our case and notice weaknesses.

This helps us decide whether we need any expert witnesses. We might hire a medical expert to testify regarding your injuries, an accident reconstruction expert to testify regarding the cause of the accident, or an economic expert to discuss the financial consequences of your injuries.

Step 14: File Pre-Trial Motions

Pre-trial motions establish procedural issues and matters of personal injury law before trial. Both sides set the parameters of what evidence will be admitted and which witnesses will testify.

Either side might file motions to dismiss claims, exclude evidence, or request summary judgment. If we believe our evidence is strong and the defendant can’t dispute liability, we might file a Motion for Summary Judgment, asking the judge to rule in your favor.

Step 15:  Settlement Negotiations

Once discovery is complete, we might enter settlement negotiations. We might go through mediation or arbitration. Both are alternative dispute resolution methods that take place out of court. We will fight hard to reach a fair settlement that covers all of your damages and fees.

Step 16: Prepare for Trial

If we can’t reach an appropriate settlement agreement, then we prepare for trial. We carefully organize the evidence we will exhibit at trial.

We work closely with you, the experts, and other witnesses who will testify at trial. We also work with witnesses to plan for what the defendant’s attorneys will ask.

Step 17: Participate in a Personal Injury Trial

If you have a jury trial, we first go through the voir dire process, during which jurors are chosen from a large pool of randomly selected local residents.

Once the jury is selected, both the plaintiff and defendants’ lawyers present their arguments to the court. After opening statements, we present our case-in-chief by questioning witnesses and showing different types of evidence. When we are finished, the defense presents its evidence.

At the end of the trial, the judge gives the jury instructions, and then the jury deliberates in private.

Step 18: Verdict & Compensation

Many New York civil cases only have six jurors, and only five of the six jurors have to agree. The jury can take as much time as it needs before returning a verdict.

The jury will find the defendant either liable or not. If the jury decides in your favor, they also will decide how much compensation you receive.

Step 19: File an Appeal (If Necessary)

If the jury decides in the defendant’s favor, we will immediately obtain and scrutinize a record of the case. We will look for any possible legal error that could be a basis for an appeal.