What to Expect When Filing a Personal Injury Lawsuit in New York

In New York, out-of-court settlements are used to resolve most personal injury lawsuits. However, there are also instances where insurance companies decline to provide a victim with enough money to cover all of their damages. A lawsuit with the help of Glens Falls car accident lawyer might be required in those situations.

  • Choosing a venue is the first step in filing a lawsuit. Either party may file the lawsuit in the city or nation where they reside, work, or conduct business. If you want to sue the City of New York, you must do so in New York County or where the accident or injury occurred. The New York City Civil Court hears cases with damages of under $25,000. 
  • The defendant will receive a summons when the lawsuit is filed, and they will have 20 days (or 30 days, in some circumstances) to appear in court and provide an answer. The plaintiff may request a default judgment if the defendant fails to respond within the allotted time frame.
  • An answer will be submitted, and the matter will proceed to the next stage in personal injury cases involving the City or an insurance provider.
  • The discovery procedure starts after both parties have submitted the replies. Depending on the case’s complexity, this process could take weeks or even months. Both sides will try to learn as much as possible about the evidence they will use at trial throughout the discovery process.

You might anticipate the following during discovery

  • Requests for documents: Any papers, images, recordings, or other material used as evidence at trial may be requested by either side.
  • Interrogatories: A series of inquiries regarding the case known as interrogatories must be answered under oath. A party may request information regarding the specifics of the occurrence that gave rise to the case, thorough justifications of the injuries sustained by the injured party, the identities of witnesses, and other pertinent material.
  • Depositions: At a predetermined site, a court reporter, both parties, and their legal representatives attend a deposition. One of the parties to the litigation, or a witness who might be summoned to testify at trial, could be the person taking the deposition. Either attorney may ask questions that must be answered under oath.

The parties may settle the matter at any point after the discovery phase or even in the middle of it. A trial date will be determined if the case is not resolved after discovery. Either side may ask for a jury trial, or the parties may agree to have a judge hear the case.

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