What Happens After You File a Personal Injury Claim in New York?

If you have never been through a personal-injury claim, the process can feel opaque. Below is a neutral, general overview of the phases a New York personal-injury matter often moves through. Every case is different, timelines vary widely, and the specifics are decisions for the personal-injury attorney we refer you to, not for our firm, which does not litigate injury claims in-house.

1. Investigation and Documentation

Early on, the focus is usually on getting appropriate medical care and preserving evidence: photographs, witness information, and records that document how the injury happened and its effects. Consistent medical treatment records often become important later.

2. Attorney Evaluation and Retainer

A personal-injury attorney evaluates whether there is a viable claim and, if so, typically works on a contingency-fee basis, meaning the fee comes from any recovery. New York regulates contingency fees, and the specific fee structure is something the injury attorney will explain.

3. Demand and Insurance Negotiation

Before any lawsuit, the attorney may gather the damages picture and send a demand to the responsible party's insurer, opening negotiations. Many claims resolve at this stage without a suit being filed.

4. Filing Suit

If the claim does not settle, a lawsuit is commenced by filing and serving a summons and complaint. The defendant then has a set period to answer.

5. Discovery

Discovery is the pre-trial exchange of information. In New York it commonly includes a bill of particulars (a detailed statement of the claim), examinations before trial (New York's term for depositions), document exchanges, and an independent medical examination of the injured person by a doctor chosen by the defense.

6. Motions and Settlement Conferences

The parties may make motions, and New York courts actively encourage settlement through conferences and, in many cases, mediation. A large share of cases resolve before trial.

7. Trial and Appeal

If the case does not settle, it proceeds to trial, often before a jury. New York court rules (22 NYCRR 202.42) encourage bifurcating personal-injury trials so that liability is decided before damages; this discretionary practice is common in New York, but it is decided case by case, not automatically. After a final judgment, a party may appeal.

A Note on Auto Accidents

New York's no-fault insurance system adds its own framework for most motor-vehicle cases, including rules about when a person may sue for pain and suffering. Those rules have specific requirements, and were recently amended, so they are best explained by the personal-injury attorney handling the claim.