How a case moves
A tort case often begins with a claim to an insurer or a demand letter, and becomes a lawsuit when a complaint is filed and served. The defendant responds, frequently through a lawyer chosen by its insurer, and the case moves into discovery, where the parties exchange documents, answer written questions, and take depositions. In injury cases, the defense may request medical examinations by doctors it selects. Motions can narrow the case or end it, and many cases settle during discovery or mediation. Those that do not settle go to trial, where a judge or jury decides liability and damages.
What shapes the result
Most tort cases are about negligence, meaning a failure to use reasonable care, though some involve intentional acts such as assault or fraud, and others involve strict liability for defective products or certain dangerous activities. New York uses comparative fault, so an injured person's own share of responsibility can reduce recovery without necessarily eliminating it. Insurance coverage often sets practical limits on what can be collected. The evidence, the credibility of witnesses, and the quality of medical or technical testimony usually matter more than legal theory. Deadlines for filing vary by claim type, and claims against public entities often require early notice.
For plaintiffs and defendants
If you were harmed, bring the records you have: photos, medical documents, bills, correspondence, and any reports. If you have been sued, send the papers to your insurer right away, since late notice can affect coverage, and note the response deadline on the summons. From there we look at the claims or defenses, the available insurance, and the likely course of the case, including whether early resolution is realistic. We also explain the cost and time involved so you can plan around them. Defendants should also check whether other policies, such as an umbrella or homeowner's policy, might respond to the claim.
