What are the Steps to Filing a Personal Injury Lawsuit in New York?

If you've been injured due to someone else's negligence in New York, you may be wondering about the process of filing a personal injury lawsuit to pursue the compensation you deserve. At The Perecman Firm, our experienced personal injury attorneys guide clients through every step of the legal process with compassion, dedication, and a relentless pursuit of justice.

When filing a personal injury claim or lawsuit in New York, the most important first step is contacting a knowledgeable personal injury lawyer as soon as possible after your accident. In New York, there are strict time limits for filing injury claims. An attorney can immediately investigate your case, preserve evidence, and protect your rights.

At The Perecman Firm, we offer free consultations at our New York City, Queens, and Long Island offices. Contact us today to discuss the specific details of your case and get careful guidance on your legal options.

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Personal Injury Claim vs. Personal Injury Lawsuit

A personal injury claim is a formal request to an insurance company to compensate you for your injuries and losses. Most claims start with your attorney submitting a demand letter to the at-fault party's insurer detailing your injuries, expenses, and damages. This initiates the negotiation process.

A personal injury lawsuit is a civil court case you file to pursue damages from the at-fault party, typically after unsuccessful claim negotiations with the insurance company. Your attorney files the lawsuit in the appropriate New York court and litigates your case to achieve a favorable verdict or settlement.

While most personal injury cases settle out of court, sometimes the insurance company refuses to offer a fair settlement that fully compensates you for your losses. You need an attorney fully prepared to fight for you in the courtroom in those situations.

At The Perecman Firm, we have a strong record of success in complex injury litigation. We work tirelessly to build the strongest case possible and are always ready to advocate fiercely for you at trial if needed.

Initial Consultation and Case Evaluation

When you contact a personal injury law firm, the first step is typically a free initial consultation to discuss what happened and determine if you have a valid legal case. During this meeting, it's important to bring any evidence you have, such as:

Photos of the accident scene and your injuries
Police reports
Medical records and bills
Proof of missed work and lost wages
Contact and insurance information for the at-fault party
Contact information for any witnesses

Don’t worry if you don’t have all these materials. Your attorney will ask detailed questions to evaluate the key elements of your potential case, including:

Liability - Is another party legally responsible for causing your injuries?
Damages - How severely were you injured and what are your financial losses?
Insurance coverage - What insurance policies (yours and the other party's) are available to cover your losses?
Legal standing - Do you have the right to file a lawsuit? In New York, you typically must establish that you suffered a "serious injury" as defined by state law.

Based on this information, your lawyer can give you an honest assessment of your case's strengths and weaknesses, the potential value of your claim, and recommend the best path forward.

The Perecman Firm offers free consultations with our personal injury attorneys. We'll listen to your story with empathy, answer your questions in plain language, and give you straightforward guidance.

What is the Serious Injury Threshold as Defined by New York Law?

Under New York's no-fault car insurance law, individuals injured in motor vehicle accidents must establish that they have suffered a "serious injury" in order to step outside the no-fault system and pursue a personal injury lawsuit against the at-fault party. This is known as the "serious injury threshold."

Section 5102(d) of the New York Insurance Law defines a "serious injury" as a personal injury that results in any of the following:

Death
Dismemberment
Significant disfigurement
Fracture
Loss of a fetus
Permanent loss of use of a body organ, member, function, or system
Permanent consequential limitation of use of a body organ or member
Significant limitation of use of a body function or system
A medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment

To meet the serious injury threshold, your injuries must be significant and have a lasting impact on your health and ability to function. Minor injuries like bruises, scrapes, or strains that heal quickly likely would not qualify.

Simply being diagnosed with one of the conditions listed in the statute is not sufficient to meet the threshold. You must also provide objective medical evidence demonstrating the severity of your injury and its impact on your life.

Proving that your injuries meet the serious injury threshold can be complex and often requires presenting detailed medical records, testimony from medical experts, and other evidence. That's why it's crucial to consult with an experienced New York personal injury attorney who can evaluate your case, gather the necessary evidence, and build a strong argument for why you should be permitted to pursue a lawsuit.

What About Personal Injury Lawsuits Other than Auto Accidents?

The serious injury threshold applies specifically to personal injury lawsuits arising from motor vehicle accidents. It is part of New York's no-fault car insurance system, which aims to limit litigation in minor auto accident cases by providing automatic insurance coverage for certain economic losses regardless of fault.

For most other types of personal injury cases, such as slips and falls, construction accidents, medical malpractice, or defective products, the serious injury threshold does not apply. In these types of cases, you can typically file a personal injury lawsuit against the at-fault party regardless of the severity of your injuries as long as you can establish the other elements of a negligence claim (duty, breach, causation, and damages).

However, while the serious injury threshold may not apply, other legal considerations and challenges exist in pursuing these types of personal injury claims. For example, New York's pure comparative negligence rule can reduce your damages if you are found partly at fault for your injuries. There are also different statutes of limitations depending on the type of case.

That's why it's always best to consult a skilled personal injury attorney who can evaluate the specific facts of your case, explain your legal options, and help you navigate the complex legal process.

The Personal Injury Claim Process

After your initial consultation, your attorney will work on your personal injury claim. The key steps typically include:

In-depth investigation - Your lawyer and their team investigate the facts of your case in detail to gather evidence proving the other party's negligence and the extent of your damages. This may involve interviewing witnesses, consulting with experts, and obtaining records.
Submitting a demand letter - Your attorney sends the insurance company a demand letter formally stating your claim, the evidence of the other party's liability, and the full extent of your injuries and losses.
Negotiations - The insurance company responds to your demand, often offering a lowball settlement. Your lawyer negotiates aggressively to reach a fair agreement that fully and justly compensates you.
Filing a lawsuit - If negotiations don't yield an adequate settlement offer, your attorney may advise filing a personal injury lawsuit in New York courts to pursue justice for you.

At The Perecman Firm, we have decades of experience skillfully handling negotiations with insurance companies in New York. We know their tactics to minimize and deny valid claims, and we don't back down until our clients are offered the maximum compensation possible.

However, we will never agree to an unfair settlement just to avoid going to trial. Our tenacious trial lawyers have successfully litigated some of the most complex injury cases in New York.

The Personal Injury Litigation Process in New York

If your case proceeds to a personal injury lawsuit in New York courts, here is a general overview of the steps involved in litigation:

Filing the summons and complaint - Your attorney drafts a formal complaint detailing your allegations against the defendant and officially files this, along with a summons, with the appropriate New York court.
Service of process - The defendant must be formally served with your complaint and given time to respond.
Pre-trial discovery - Both sides gather additional evidence and information through depositions, subpoenas, interrogatories, and other discovery tools. The discovery phase can take months or even years in complex cases.
Pre-trial motions and hearings - Before trial, the attorneys on both sides typically appear in court to argue various pre-trial motions, such as asking the court to exclude certain evidence.
Settlement negotiations - Settlement talks often continue throughout litigation as both sides get a clearer picture of the evidence in the case. Sometimes, the judge may order formal mediation to try to resolve the case.
Trial - If no settlement is reached, your case goes before a judge and jury for trial. Both sides present evidence and arguments, and the jury deliberates to reach a verdict.
Recovering your award - If you win your case, the final step is collecting your damages award from the defendant or their insurer. Your attorney handles this process.

At The Perecman Firm, we know litigation is a stressful and complicated process. Our skilled personal injury attorneys are here to shoulder that burden, handle all of the complex legal work, and fight tirelessly for you every step of the way. We keep you fully informed and are always available to answer your questions. Let us handle your case while you focus on healing.

Potential Outcomes of a New York Personal Injury Lawsuit

Personal injury lawsuits in New York may result in various outcomes, such as:

An out-of-court settlement where the defendant agrees to pay you a lump sum.
Your case going to trial and the jury awarding you damages.
Having your case dismissed if the court finds your claim has no legal merit.
Losing at trial if the jury finds the defendant not liable or believes your injuries do not meet the "serious injury" threshold under New York law.

At The Perecman Firm, our goal is to build the strongest case possible for you so we can achieve the best possible outcome, whether that's an advantageous settlement or a winning verdict at trial. While we can't guarantee results, we can promise you tireless effort, skilled advocacy, and trustworthy advice at every stage of your case.

Appeals

An appeal is a request to have a higher court review the trial court's decision for legal errors. The appeals process is complex and involves strict deadlines and procedural requirements. It's crucial to have an experienced appellate attorney who can quickly evaluate your case, identify potential grounds for appeal, and navigate the process effectively.

At The Perecman Firm, we have extensive experience handling appeals in personal injury cases. Our attorneys have argued cases before the New York Appellate Division and even the New York Court of Appeals, the state's highest court. We know how to identify the complex legal issues that may provide grounds for appeal and craft persuasive arguments to fight for a more favorable outcome.

Statute of Limitations on New York Personal Injury Lawsuits

New York has strict deadlines for filing personal injury lawsuits, called statutes of limitations. The statute of limitations varies depending on the type of case:

Personal injury cases generally - 3 years from the date of the injury
Wrongful death cases - 2 years from the date of death
Cases against government entities - As little as 90 days to file initial notice of claim

If you miss these deadlines, the New York courts will almost certainly dismiss your case. That's why speaking with an experienced personal injury attorney as soon as possible after an accident is crucial to protect your rights. When you contact The Perecman Firm, we immediately investigate your case and ensure all deadlines are met.

Why Choose The Perecman Firm for Your New York Personal Injury Case?

If you're looking for a personal injury law firm in New York, Queens, or Long Island, The Perecman Firm is here for you. We offer:

Over 40 years of experience successfully handling personal injury cases, including complex construction accident claims.
Attorneys with an unrivaled work ethic who are prepared to relentlessly fight for the maximum compensation you deserve.
Deep roots in the New York legal community and a detailed understanding of New York personal injury laws.
A client-focused approach where we take the time to listen to your needs, answer your questions, and craft a legal strategy tailored to your unique situation.
Compassionate, trustworthy guidance through every step of the claims process from a team that truly cares.
Risk-free representation with no upfront costs to you, since we work on contingency fees.

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**Steven Dorfman, Personal Injury Lawyer**

Most importantly, we are committed to delivering justice for our clients. We believe in standing up to big companies and insurers to hold them accountable and ensure they treat injured victims with dignity and respect. We're here to make things right no matter what it takes. Contact The Perecman Firm today for a free consultation to see how we can fight for you.

Call our New York City office at 212-977-7033, our Queens, NY, office at 718-587-0108, or our Long Island office at 516-268-0130. You can also contact us online.

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