How to Fight a Personal Injury Lawsuit

Filing a personal injury claim is often a necessary step toward recovering damages after an accident, but it is only the beginning of the legal process. Insurance rules and legal standards can make handling a personal injury claim complicated and risky without professional guidance. Many people choose to work with a New York personal injury lawyer to protect their rights, anticipate defenses, and ensure their case is handled strategically at every stage.

The Litigation Process in New York Courts

Many personal injury cases are resolved during settlement negotiations, but this is not always the case. If a case does not settle early, it may move into formal litigation, typically going to a New York State Supreme Court in the county where the accident occurred. While every case is different, the process generally follows several stages.

Discovery

After the defendant responds to a suit, both sides begin exchanging information. Under Civil Practice Law & Rules § 3101(a), parties are entitled to “full disclosure of all matters material and necessary” to the case. Discovery in a personal injury lawsuit typically includes:

• Requests for medical records and other documents
• Depositions, called Examinations Before Trial (EBTs) in New York

During an EBT, you answer questions under oath about the accident, your medical treatment history, current symptoms and limitations, and how the injury affects your daily life.

Independent Medical Examinations (IMEs)

When your physical condition is in dispute, the defense will request an Independent Medical Examination.  (A significant number of plaintiff’s lawyers prefer the term Defendant’s Medical Examination as they feel many experts hired by insurance carriers and their in-house counsel or retained outside counsel law firms do not truly express independent opinions.) The exam is performed by a doctor selected by the defense, who prepares a report used to evaluate, but in almost all cases, dispute, the severity, cause, or extent of your injuries. These evaluations are a routine part of personal injury litigation in New York and are often relied upon by defendants when arguing that injuries are not as serious as claimed.

Motions and Summary Judgment

After discovery, defendants often ask the court to dismiss part or all of a case. In motor vehicle claims, this frequently involves arguing that the serious injury threshold has not been met. Under Civil Practice Law & Rules § 3212, a court may grant summary judgment if there are no material facts in dispute. These motions are common in New York personal injury cases.

Settlement Conferences and Trial

Courts schedule conferences throughout the case, and most claims in Nassau, Suffolk, and NYC counties resolve before trial. It is worth noting, as may be obvious, that the way to win the best settlement is to be as prepared as possible to present the strongest case possible at trial.  If the lawsuit does not settle, a judge presides over a trial where the jury decides liability and damages.

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How Defendants and Insurers Commonly Fight Personal Injury Claims in New York

When you file a personal injury lawsuit, the defense’s goal is usually to reduce or eliminate the compensation they have to pay. Several common strategies are used to challenge claims.

Disputing Fault

One of the most common ways defendants fight a personal injury claim is by arguing that you were partially (or even primarily) responsible for the accident. By shifting blame, defendants attempt to reduce the amount owed. For example, in a slip-and-fall case, they could argue the condition was “open and obvious” or that you were not paying attention. New York follows a “pure comparative negligence” rule under Civil Practice Law & Rules § 1411, which means an injured person can still recover damages even if they were partly at fault. However, any compensation awarded is reduced by the percentage of fault assigned to them. Because of this rule, increasing your share of fault is often a central defense strategy.

Challenging the Severity and Cause of Your Injuries

In many cases, the dispute centers less on whether an accident occurred and more on how serious the injuries are. Insurers often argue that injuries are minor, temporary, or unrelated to the incident. In motor vehicle accident cases, this strategy is particularly important because Insurance Law § 5102[d] requires proof of a “serious injury” before pain and suffering damages are available. To limit recovery, the defense may argue that:

• The injury does not meet the legal definition of “serious”
• The condition is temporary rather than permanent
• The symptoms existed before the accident
• There were gaps in medical treatment
• The treatment was excessive or unrelated to the incident

If a court finds that the serious injury threshold has not been met in a motor vehicle case, a claim for pain and suffering damages will be dismissed.

Surveillance and Social Media

Insurance companies sometimes investigate injury claims outside of the courtroom. This includes reviewing publicly available social media accounts or, in some cases, conducting physical surveillance. The goal is typically to compare reported limitations with observed activity. Even if a brief moment does not reflect your overall condition, defense attorneys will use it to challenge your credibility. For this reason, many injury victims are advised to be cautious about what they share publicly while a case is ongoing.

Ways to Protect Your Case

While much of a personal injury lawsuit is handled by attorneys, your actions still matter.

• Follow medical advice consistently. Gaps in treatment are often used to argue that an injury was not serious. Attend appointments and document ongoing symptoms.
• Be accurate and consistent. Medical records, written responses, and deposition testimony should align. Inconsistencies are often used to challenge credibility.
• Keep documentation. Save medical bills, receipts, photographs, and any records related to the accident.
• Be cautious on social media. Insurance companies review posts and photos to question the severity of your injuries.

Because even minor mistakes or miscommunications can affect the outcome, having an experienced personal injury lawyer handle interactions with insurers, medical providers, and legal filings is essential to protecting your rights and maximizing compensation.

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How Long Do Personal Injury Lawsuits Take in Long Island and NYC?

Personal injury lawsuits often take years if they proceed through litigation. The timeline depends on several factors, including:

• The seriousness of the injury
• Whether fault is disputed
• Motions involving the serious injury threshold in car accident cases
• Court schedules, particularly in busy NYC counties
• Whether and when settlement discussions progress

While the process feels slow, time is often needed to complete medical treatment, gather evidence, and properly evaluate the value of the claim. (It is also very important to note that a shorter statute of limitations may apply to your situation, depending upon the circumstances of your case. Speaking with a lawyer can help clarify which deadlines apply and what legal options may be available.)

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Choose Our Firm to Represent Your Personal Injury Lawsuit in New York

Personal injury lawsuits on Long Island and throughout New York City are complex, and even valid claims face significant scrutiny. For many injured victims, working with a New York personal injury attorney provides clarity, strategy, and protection throughout the process. If you have questions about your case or are facing challenges from an insurance company, Friedman & Simon, L.L.P. will review your situation and explore your legal options. Contact Friedman & Simon, L.L.P. today for a free consultation. Our New York personal injury attorneys will review your case, anticipate common defenses, guide you through the litigation process, and work to protect the full value of your claim. We handle the details so you can focus on recovery while we fight for the compensation you deserve.

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