Filing a personal injury lawsuit in New York can seem overwhelming when you’re already dealing with the aftermath of an accident. Understanding the key steps can make it easier to protect your rights and build a strong case. With the right guidance, you can pursue compensation for your injuries and losses with confidence.
The process of filing a personal injury lawsuit in NY involves identifying the liable party, gathering evidence to prove your case, and submitting the required paperwork before the legal deadline. The prior sentence should be understood as stating a tremendous oversimplification of a process where each step can have myriad technical details. For this reason and others, retaining the services of a New York personal injury lawyer to manage these tasks on your behalf, ensuring every detail is handled correctly, is the most prudent course of action. With their help, you can focus on your recovery while they work to secure the compensation you deserve.
This article is offered for information purposes only. It should not be considered as any sort of suggestion that you handle a case on your own. We do believe that understanding the steps of how your case will progress is a good thing, and we share this information in that spirit. Of course, if you have any questions about how this article applies to a real situation that you are dealing with, we are only a phone call away and we will welcome your call.
In This Article
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- First, Identify the Target of Your Lawsuit
- Collecting Evidence to Strengthen Your Personal Injury Case
- Filing Your Personal Injury Suit
- What Is a Personal Injury Trial Like?
- Consider Filing a Claim Before Filing a Lawsuit
- Our NY Personal Injury Lawyers Are Ready to Take Action on Your Behalf
First, Identify the Target of Your Lawsuit
It sounds obvious, but before you file a personal injury lawsuit in NY, you must figure out who you have the right to sue. State law allows you to file suit against 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 accepted medical practice
- Companies that fail to follow state or federal safety guidelines
Could You Sue the Government for a Personal Injury?
Yes, if a government employee or agency negligently contributed to your accident, then you could file a lawsuit against them. However, you should know that there are special rules and considerations, including tighter deadlines, when it comes to suing the government, so it is especially important to act fast 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 (bills and receipts for accident-related expenses, for example), our personal injury lawyers will build your case file with evidence like the following:- 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
Filing Your Personal Injury Suit
Once you are ready to officially file your lawsuit, you will do this by identifying which court has jurisdiction over your case—it is usually the civil court presiding over the region where your accident took place—and notifying that court, the at-fault party, and the at-fault party’s representatives about your suit. There are often strict rules and procedures for filing a lawsuit. For example:- You might have to use a particular form or format when submitting documents.
- You will need to provide specific types of information.
- You will have to file your suit before the statute of limitations runs out. (The linked statute is only one of several that may apply to your case. Once again, best to consult with an experienced and dedicated personal injury lawyer so you understand both the deadlines you are facing and your best options for legal action.)
- You will need to figure out how to respond once the at-fault party reacts to your suit.
- If they express a willingness to negotiate a pretrial settlement, take it seriously: working out a settlement could save you the time and trouble of going to court.
- If they say they will not negotiate, you will have to get ready to go to trial.
- If they do not respond at all, you will also have to get ready for trial.
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What Is a Personal Injury Trial Like?
Trials require a great deal of prep work and in-depth knowledge of courtroom procedure. Before your court dates, you would have to:- Agree with the court and the defendant on what those dates will be
- Participate in jury selection
- Submit evidence and any other materials the court asks for
- Select who will testify in court and who will submit written statements
- Prepare selected witnesses to testify on the stand
- Presenting opening and closing arguments
- Questioning witnesses
- Raising objections if the other side does not follow the rules or tries to infringe on your rights
- Submitting additional materials as necessary
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Consider Filing a Claim Before Filing a Lawsuit
A lawsuit does not necessarily have to be your first step on the way to recovering compensation. Many cases are settled when accident victims file a claim and recover a pretrial settlement from the liable party’s insurance company. This process follows many of the same steps as filing a lawsuit, including gathering evidence and notifying the at-fault party’s insurer. However, instead of presenting the possibility of going to trial right away, you would simply ask the insurer to pay what you are owed. If they agree, you do not have to file a lawsuit at all. Our attorneys work with each client on an individual basis to determine whether we should file a claim or a lawsuit in their case.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