From filing to discovery
A personal injury lawsuit in New York usually starts in the state Supreme Court, which, despite the name, is the main trial-level court. The case begins with a summons and complaint, the defendant answers, and the parties move into discovery. In New York practice the injured person typically serves a bill of particulars describing the injuries and claims in more detail. Each side exchanges records, and the defense usually asks for authorizations to obtain medical and employment history. Some cases go to federal court instead, often because the parties are from different states.
What the case asks of you
Expect to sit for a deposition, where defense counsel asks you questions under oath about the accident, your health before and after, and your daily life. The defense usually also schedules a medical examination by a doctor it selects; it is often called an independent medical examination, although that doctor is chosen and paid by the defense. Your social media can become part of discovery, so talk to your lawyer before posting or deleting anything. Keep going to treatment and keep your providers informed, because records generated during the case become evidence too. We prepare you for each of these steps beforehand. If you move or change doctors while the case is pending, let us know, since both can affect scheduling and records.
How filed cases tend to end
Most injury lawsuits resolve before trial, frequently after depositions and medical examinations have narrowed the dispute. Mediation is common, and courts often hold settlement conferences. When a case is ready, the plaintiff files a note of issue, which places it on the trial calendar. Trial remains a real path when an insurer's position does not reflect the evidence. Tell us where your matter stands and what has already been filed, and we will explain what the next stage will require from you.
