If someone else’s negligent act caused you harm, you may be wondering what a personal injury lawsuit looks like—and what will happen if you hire a lawyer. The process can feel daunting, but it generally involves investigating how your accident happened, filing a claim or lawsuit, exchanging information through discovery, negotiating with insurance companies, and potentially going to trial.
Accidents can disrupt lives in unexpected ways, leaving you anxious about medical bills and missed work. Pursuing compensation allows you to focus on recovery and well-being.
Rosenberg & Gluck, LLP, based on Long Island, assists individuals in Suffolk County, Nassau County, and the Boroughs. Our Long Island personal injury lawyers are dedicated to helping those who have been injured due to another person’s carelessness. We will be there for you through each stage of a personal injury lawsuit, from the initial consultation to settlement or trial.
Personal Injury Lawsuits in New York
Personal injury law in New York aims to provide financial relief to individuals hurt by someone else’s negligent behavior. Negligence can appear in different ways, such as reckless driving in a motor vehicle accident, failing to maintain a property safely, or neglecting a patient’s medical needs. Injuries can range from minor bruises to life-changing conditions.
A personal injury lawsuit holds the liable party responsible for losses you have suffered. In the simplest sense, you file a claim demanding compensation for your injuries, and the other side (usually an insurance company) either offers you a fair settlement or you go to court. Throughout this process, you or your lawyer gather evidence, negotiate for compensation, and communicate with insurance representatives. If discussions fail, you may try your case before a judge and jury.
In addition to state laws, local rules in Long Island’s courts can shape how you file your lawsuit and present evidence. Personal injury lawsuits in Suffolk County and Nassau County have their own scheduling requirements and procedural guidelines, although they share many features with courts throughout New York.
Deciding to Speak with a Lawyer
After your accident—whether it was a slip and fall, car crash, or construction incident—one of the first steps in a personal injury lawsuit is deciding whether to speak with a personal injury lawyer. Many individuals choose to consult an attorney after receiving initial medical treatment and when they see that their accident-related expenses are growing. An attorney can review the basics of your situation, advise you on your legal options, and estimate the possible value of your claim.
Information Gathering During the Consultation
Rosenberg & Gluck offers a free consultation where you meet with our legal team to discuss the details of your accident and injuries. During the initial consultation, you can ask questions about your potential case. Lawyers typically want to know:
- How did the accident happen?
- What injuries did you suffer?
- What evidence do you have so far?
- Have you spoken to any insurance company representatives?
Sharing detailed information about your injuries and expenses during the consultation can help clarify the strengths of your case. Documentation, such as medical bills and accident reports, can illustrate how your life changed following the incident. If you have photos of the accident scene or contact information for witnesses, those details can also be significant.
Evaluating the Likelihood of Success
By assessing the facts, a lawyer can discuss how the case might fare if taken to court. This conversation can also include a discussion of legal fees. Many personal injury lawyers – including those at Rosenberg & Gluck – represent clients on a contingency fee basis, meaning their payment comes out of a successful settlement or court verdict.
Investigation and Evidence Gathering
Once you hire a lawyer, the next phase involves a thorough investigation. An investigation into a personal injury lawsuit requires gathering documents, examining the scene, and piecing together how the accident happened. This may include collecting the following types of evidence:
- Medical records
- Photographs of injuries and property damage
- Traffic camera footage (for motor vehicle accidents)
- Witness statements
- Police or incident reports
- Employer records regarding lost wages
Investigations often involve recreating the accident scene and determining whether other factors led to your injuries. For instance, if you slipped and fell in a retail store, your team might want to uncover if the store had prior knowledge of a spill or if staffing shortages contributed to unsafe conditions.
Engaging Experts and Specialists
Depending on the nature of the accident, your legal team might work with accident reconstructionists, medical professionals, or engineers to clarify how your injuries happened. These specialists can examine design issues or the timeline of events leading up to the incident. Such analysis can be a valuable part of proving that another party was negligent.
Preserving Evidence
During this early stage, evidence can disappear quickly, especially if multiple parties may be liable. For example, if you were injured on someone else’s property, photographs of the hazard taken right away could show conditions that no longer exist. Prompt documentation can help preserve your right to compensation.
Filing a Personal Injury Lawsuit
After the investigation yields a foundation of information, the personal injury lawsuit can officially begin. The first filing is called a complaint. This document explains the factual basis for your claim, identifies the parties involved, and requests damages. Damages refer to the compensation you are seeking, which can include medical bills, lost wages, reduced earning capacity, and other accident-related losses.
When filing a personal injury lawsuit in Long Island courts, you will likely submit the complaint in the relevant county’s Supreme Court (e.g., Suffolk County Supreme Court or Nassau County Supreme Court). If you are filing in another part of New York, you will do so at the appropriate jurisdiction. The complaint notifies the defendant—often an insurance company representing the person or business you allege is responsible—that you are seeking compensation.
Serving the Defendant
Once the complaint is filed, it must be delivered to the defendant following specific rules. This process is called service of process. Delivering the complaint lets the defendant know they are being sued and allows them to start preparing a defense.
The Defendant’s Answer
After receiving a copy of the complaint, the defendant files a legal document called an answer, which acknowledges or denies the allegations. The defendant can also raise defenses, such as claiming that you contributed to your own injuries or that someone else was actually at fault.
Counterclaims and Cross-Claims
In some personal injury cases, the defendant may respond with a counterclaim, alleging that you are partially or entirely liable for their losses. For instance, in a multi-vehicle accident on Long Island, one driver could sue another for damages, and that driver could countersue, arguing the first driver was at fault. These legal maneuvers can add complexity to your case.
How the Discovery Process Works
The discovery phase in a personal injury lawsuit is a structured exchange of evidence and information. This stage encourages both sides to disclose documents, witness names, and any evidence relevant to the case. It can be lengthy, involving a series of requests and responses.
Written Discovery: Interrogatories and Requests
Written discovery includes interrogatories and requests for documents. Interrogatories are questions the opposing party must answer under oath. Requests for production demand documents or records, such as medical reports, repair receipts, or correspondence. The answers and documents exchanged become part of the evidence used in the lawsuit.
Depositions
Depositions are another key part of discovery. In a deposition, one party’s lawyer questions a witness (or a plaintiff or defendant) in person while a court reporter records the testimony. These sessions often take place at an attorney’s office rather than in a courtroom. Depositions reveal how witnesses will testify at trial and allow lawyers to assess strengths and weaknesses in a case.
Handling Disputes During Discovery
Parties sometimes disagree about whether certain documents are relevant or whether questions overstep legal boundaries. In these scenarios, lawyers can file motions to compel, asking a judge to resolve the dispute. Discovery disputes can delay a personal injury lawsuit if not handled efficiently.
E-Discovery and Digital Records
More personal injury cases involve e-discovery: the exchange of digital or electronic data. Emails, social media posts, or text messages can illustrate details about the accident or your injuries. If you posted on social media following your accident, those posts might be reviewed as part of discovery.
Settlement Negotiations and Mediation
Settlement negotiations can begin at any stage of a personal injury lawsuit. In many cases, the defendant’s insurance company is heavily involved in these discussions, as insurers typically pay accident settlements or verdicts. A settlement allows both sides to avoid the time and cost of going to trial.
How Negotiations Unfold
Negotiations often start when your lawyer presents a demand package outlining your claim for damages. This package might include medical bills, evidence of lost earnings, and information about how the injury affects your life. The insurance adjuster then offers a settlement, usually starting with a number lower than your demand.
Your attorney may counter, highlighting the strengths of your case and presenting new evidence. Parties sometimes reach a settlement after a few rounds of offers and counteroffers. If the negotiations stall or the insurance company denies liability, your lawsuit continues toward trial.
Mediation
Mediation is an optional but commonly used method to resolve personal injury lawsuits in New York. An impartial mediator—often a retired judge or attorney—facilitates a discussion between you and the defendant’s side. The mediator does not decide who is at fault. Instead, the mediator helps both parties communicate their points and strive for an agreement.
Mediation sessions can help narrow down issues, even if a total settlement is not reached. By understanding the other side’s perspective, you may discover a path to resolution. Should mediation fail, litigation proceeds, but the insights gained can shape trial strategies.
Settlement vs. Trial
Reaching a settlement can expedite financial recovery, as you avoid the uncertainty of a jury’s decision. Trials, while sometimes yielding higher verdicts, come with unpredictability. Settlements also help reduce legal fees and stress associated with a courtroom proceeding.
Trial: Presenting Your Case in Court
If no settlement is reached, or if you decide a trial is a better path, both sides move into trial preparation. This phase includes:
- Reviewing all deposition transcripts
- Organizing witness testimony
- Finalizing exhibits and evidence
- Crafting arguments to present before a judge and jury
Depending on the venue, a trial can be scheduled months (or even years) after a lawsuit is filed. New York court schedules can be congested, particularly in areas such as Suffolk County, Nassau County, and the Boroughs.
Jury Selection
On the first day of trial, lawyers begin the jury selection process, also known as voir dire. Both sides ask prospective jurors questions regarding their backgrounds and any biases they may have. The goal is to seat an impartial jury that can objectively evaluate the evidence presented.
Opening Statements
Once a jury is selected, the plaintiff’s lawyer and the defendant’s lawyer deliver opening statements. These statements outline what they expect the evidence will show. An opening statement is not an argument but rather a preview of the case.
Presenting Evidence and Witnesses
After opening statements, each side presents evidence. Your legal team shows why the defendant’s conduct should be seen as negligent. They might bring in witnesses to describe the accident, medical experts to discuss injuries, and other testimony that supports the demand for compensation.
The defense has its turn to offer contradictory evidence and present witnesses. Through cross-examination, lawyers can challenge statements, highlight inconsistencies, or show alternative causes of your injuries.
Closing Arguments
After all evidence is introduced, each side presents closing arguments to the jury, summarizing the testimony and evidence in a persuasive manner. Closing arguments allow both parties to emphasize key points, make final observations, and attempt to sway the jury’s decision on liability and damages.
Jury Deliberations and Verdict
The jury then deliberates in private, deciding if the defendant is liable and how much compensation should be awarded. Verdicts in personal injury lawsuits can vary widely, depending on factors such as the severity of injuries and the defendant’s degree of fault.
After the Verdict: Post-Trial Motions and Appeals
Once a jury announces a verdict, the losing side may file post-trial motions to modify the outcome. Examples include a motion for a new trial or a motion to reduce or increase damages. Judges consider these motions by reviewing the trial record to confirm if any legal errors were made.
Appeals
If a party believes the judge misapplied the law or overlooked key evidence, they can file an appeal to a higher court. Appeals focus on legal or procedural errors rather than reexamining all evidence from scratch. An appellate court can affirm the lower court’s decision, reverse it, or send the case back for a new trial.
Final Resolution
When no further appeals are pending, the verdict and any court-approved settlements or adjustments become final. At this point, compensation awarded by the court is disbursed to the plaintiff, typically through the plaintiff’s attorney.
New York Statute of Limitations and Other Time Constraints
For a general personal injury lawsuit in New York, the civil statute of limitations is three years from the date of the accident. This means you have three years to file a lawsuit in court. Missing this deadline can result in losing your right to compensation.
Wrongful Death Lawsuits
If the accident led to the death of a loved one, a wrongful death lawsuit may apply. In New York, the statute of limitations for wrongful death is two years from the date of the individual’s passing—even when medical malpractice is involved. Families who lost a loved one on Long Island or anywhere in the state file these cases to recover losses such as funeral costs and the decedent’s lost financial support.
Suing a Municipality
If you plan to sue a municipality in New York (for example, if a government-owned vehicle caused your injuries), you generally have just 90 days to file a formal notice of claim. This shortened timeframe can catch people off guard if they aren’t aware of the different rules for municipal claims. Prompt action can protect your right to pursue compensation.
New Jersey Accidents
Some Long Island residents are involved in accidents while visiting or working in New Jersey. The civil statute of limitations for accidents in New Jersey is two years. Legal differences between New York and New Jersey can arise, so if your accident occurred across state lines, your lawyer will analyze which jurisdiction’s rules apply in order to streamline the filing process.
Delays in filing or notifying the correct party can complicate a personal injury lawsuit. Swiftly consulting a lawyer who handles cases on Long Island and throughout New York can help you avoid missing deadlines.
Contact Rosenberg & Gluck, LLP
A personal injury lawsuit in Long Island or elsewhere in New York unfolds through distinct phases. From the initial consultation to the final resolution, each step requires attention to detail and adherence to procedural rules. Partnering with a legal team can relieve you of the pressure to understand the necessary deadlines and filings, whether you are suing an individual, a business, or even a New York municipality.
At Rosenberg & Gluck, LLP, our goal is to make sure those who have been harmed by someone else’s negligence have a voice. Our law firm handles a variety of cases, including car accidents, slip and falls, and wrongful death lawsuits. We serve individuals throughout Suffolk County, Nassau County, and The Boroughs.
By understanding what the personal injury lawsuit process involves, you can feel more confident about seeking compensation for your medical bills, lost wages, and other damages. Whether you settle out of court or proceed to trial, each step brings you closer to pursuing the financial recovery you deserve. Call our Long Island office at 631-451-7900 or contact us online to schedule a free consultation and case evaluation.
