How to File a Personal Injury Claim in New York

After an accident, you may be dealing with pain, medical bills, and questions about how to file a personal injury claim. The process can involve identifying the parties responsible for your injuries, gathering evidence to support your claim, and meeting applicable legal deadlines. A New York personal injury lawyer can explain your legal options and help you understand the steps involved in pursuing a claim. The information in this article is intended to provide general information and should not be taken as legal advice for your individual situation. If you have questions about your case, we invite you to contact us, Friedman & Simon, L.L.P., for a free consultation today

First, Identify the Target of Your Claim

It sounds obvious, but before you file an injury claim or lawsuit, you must figure out who is responsible for your losses. State law lets you sue anyone whose negligence caused or contributed to your accident. Examples of common negligent parties include:

• Distracted or inattentive drivers who cause motor vehicle accidents
• Property owners who fail to address hazards in a timely fashion
• Medical professionals who do not follow generally accepted medical practice
• Companies that fail to follow state or federal safety guidelines

When multiple parties contributed to your accident, you have the right to pursue legal action against each one that shares liability.

Could You Sue the Government for a Personal Injury?

Yes, if a government employee or agency negligently contributed to your accident, you have the right to file a lawsuit against them. Suing the government involves special rules and considerations, including tighter deadlines, so it is especially important to act quickly in these cases. 

For a free legal consultation, call (516) 932-0400

Collecting Evidence to Strengthen Your Personal Injury Case

In addition to your own recollections and any materials in your possession, such as bills and receipts for accident-related expenses, our injury lawyers build your case with evidence such as:

• Video footage and photos
• Witness statements
• Statements from experts, such as life care planners or medical professionals
• Official police and accident reports
• Internal documents, if a company was involved

Insurance companies look for any reason to reduce or deny an accident victim’s claim, whether that means disputing how the accident happened or arguing your injuries are less severe than you say. Strong evidence closes those doors before they can be opened.

Injury Cases Typically Start With Settlement Discussions

Most personal injury cases never reach a courtroom. Once your lawyer has gathered the necessary evidence, the next step is typically filing a claim with the at-fault party's insurance company rather than heading straight to a lawsuit.  The insurance company reviews your claim and decides whether to offer a settlement, and if so, how much. If they are willing to negotiate, that does not mean the process is simple or that the first offer is fair. Insurance companies routinely open with a number far below what a claim is worth, hoping you will accept before you understand the full cost of your injuries. A personal injury lawyer from Friedman & Simon, L.L.P. will manage these negotiations on your behalf, countering lowball offers with evidence, medical documentation, and a clear demand backed by the facts of your case. If the insurance company agrees to pay what you are owed, your case can resolve without ever going through the court system. 

Click to contact our personal injury lawyers today

Filing Your Personal Injury Suit

If a fair settlement is not on the table, the next step is filing your lawsuit. Your case must be submitted to the appropriate court, and formal notice must go out to the at-fault party. Mistakes in your paperwork can delay your case or jeopardize it entirely. Timing is just as unforgiving. New York law establishes a statute of limitations for filing a personal injury lawsuit. That window can be even shorter depending on who you are suing or what caused your injury. Miss it, and you lose your right to sue, no matter how strong your case would have been. A personal injury lawyer from Friedman & Simon, L.L.P. will know exactly which deadline applies to your situation and will make sure your suit is filed in time to protect your right to compensation.

Which Court Will Hear Your Case?

Once your case moves toward a lawsuit, your personal injury lawyer determines which court has jurisdiction to hear it. In New York City, claims up to $50,000 are decided in the Civil Court of the City of New York, which also includes a small claims part for cases up to $10,000. Claims above $50,000 go to the Supreme Court — New York's trial-level court for civil matters, and despite its name, not the state's highest court. It is where most personal injury lawsuits are ultimately heard.  Supreme Court civil cases are filed by borough:

• Bronx Supreme Civil
• Kings Supreme Civil
• New York Supreme Civil
• Queens Supreme Civil
• Richmond Supreme Civil

Outside New York City, smaller claims are filed closer to home: $3,000 or less in a local Town or Village Court, and up to $15,000 in City Court. In Nassau County and parts of Suffolk County, claims up to $15,000 go to District Court instead.  If you are suing a government agency or employee, the court process may differ. An experienced personal injury lawyer from Friedman & Simon, L.L.P. will identify the correct court for your case from the outset, preventing delays that could arise from filing in the wrong jurisdiction. 

Complete a Free Case Evaluation form now

What Is a Personal Injury Trial Like?

Trials require months of preparation and a detailed understanding of courtroom procedure. Before your court dates are set, your lawyer works with the court and the defense on scheduling, participates in jury selection, and gathers the evidence the court requires. Deciding which witnesses should testify is a strategic choice, and any witness who takes the stand must be thoroughly prepared beforehand. Once the trial begins, you and the liable party each have the opportunity to present your side of the story. Your legal team delivers opening and closing arguments, questions witnesses, and raises objections if the other side breaks courtroom rules or attempts to infringe on your rights. Hiring a lawyer as soon as possible allows us to take care of both the preparation and the presentation. The duration of a lawsuit can be lengthy, and your time is better spent focusing on your health and your family.

Our NY Personal Injury Lawyers Are Ready to Take Action on Your Behalf

Since 1991, the personal injury attorneys at Friedman & Simon, L.L.P., have been providing compassionate yet aggressive legal representation to the people of New York. For more information on how to file a personal injury lawsuit in NY—and what steps our legal team will take on your behalf—call today and get a free consultation.

Call or text (516) 932-0400 or complete a Free Case Evaluation form