How to File a Personal Injury Lawsuit in New York: A Brief Step-by-Step Guide

While each case is unique, there is a uniformity that applies to all personal injury lawsuits involving automobile or slip and fall accidents. From the filing and service of a summons and complaint to begin an action, to the discovery phase, (which includes depositions), and finally to the trial.

During the entire process of litigation, settlement is the elephant in the room. Along the way, insurance companies often call your attorney to make offers to settle your case.

Civil Litigation Outline

The following is an outline of the key points in a personal injury lawsuit arising from an automobile accident. Although there are far too many variables to assume that this outline is in any way definitive, it does highlight the stages of litigation and where settlement comes into play for potential clients.

  1. Filing a Summons and Complaint
  2. Service of the Summons and Complaint
  3. Reviewing the Opposing Party’s Answer
  4. Preparation of a Verified Bill of Particulars/Discovery
  5. Examinations Before Trial (EBTs)/Depositions
    • Prepping for the EBT
      • EBT Procedures
      • How to Answer Questions During EBT
  6. Physical Examination Conducted by the Opposing Party’s Doctor
  7. Note of Issue to Place the Case on the Trial Calendar
  8. Pre-Trial Conferences
  9. Trial

Discovery is an important part of the pre-trial phase of a personal injury lawsuit arising out of either an automobile accident or slip and fall. It is the most time-consuming and contentious period of the case. During these skirmishes, counsel on each side assesses their opponent as well as the relative merits and shortcomings of their client’s case.

The deposition is the single most important event in a personal injury lawsuit. A significant amount of time is devoted to the preparation that we believe is required to prepare our client to do their best during the deposition in describing their account.

Take-Away

Personal injury litigation is a time consuming and often costly process. This is why it is absolutely imperative to hire an attorney with the skills and knowledge necessary to advocate for your rights at each stage of the litigation process. Contact the experienced attorneys at Glynn Mercep Purcell & Morrison LLP today. For more information personal injury litigation see our blog, “How to Receive Compensation for Your Personal Injury in New York- a Timeline”