From filing to discovery
Auto accident litigation in New York often takes place in the state Supreme Court, which here is the main trial court rather than the highest one. After the complaint and answer, the injured person typically serves a bill of particulars describing the injuries and claims in more detail. The parties then exchange records, and signed authorizations for medical records are a routine part of that exchange. The defense often asks about prior medical history, especially for the same parts of the body. Accuracy in these early documents matters, since they are compared with everything that follows.
Testimony and the defense examination
Each side questions the other under oath at an examination before trial, which is New York's name for a deposition. Preparation helps: you answer what is asked, truthfully, and say so when you do not know. The defense also usually arranges a medical examination by a doctor it selects, and that doctor's report is often used to contest the serious injury threshold. Your lawyer can explain who may attend that examination with you. Defense lawyers may also ask the court to dismiss on the threshold before trial, which can end or narrow the case. Testimony at the examination before trial is often read back at trial, so small inconsistencies with earlier statements can take on outsized importance.
How the case moves toward resolution
When discovery is done, a note of issue puts the case on the trial calendar, and many courts hold settlement conferences or refer cases to mediation along the way. Cases often resolve at those points, sometimes close to trial. Throughout, we keep you informed about what is happening and why, since long quiet periods are normal in litigation. Before any major decision, such as accepting an offer or going to trial, we lay out what each choice means. Whether to settle or try the case is your decision.
