A serious injury can have significant physical, emotional, and financial consequences that burden you for life. When someone else’s negligence is the cause, you are entitled to monetary compensation through a personal injury claim. Your case will usually start with an insurance claim. If the insurance company denies it or makes a lowball offer, you may have to file a lawsuit to recover fair compensation.
A successful lawsuit requires meticulous preparation and significant resources. The personal injury claims process is often lengthy, with multiple deadlines and documentation requirements. Our experienced New York personal injury lawyers can take the stress out of the process by handling everything while you focus on recovery. We are real New Yorkers with decades of combined experience. Contact us online or call 855–NYC-HURT to schedule your free consultation.
How To File a Personal Injury Lawsuit in New York?
The filing process for lawsuits in New York consists of five steps, including:
- Reporting the accident: Required paperwork and filing deadlines in personal injury claims depend on the claim type and the party you are claiming against.
- Investigation process: You must have solid evidence, such as photos or videos, and you may need opinions from experts such as accident reconstructionists.
- Settlement process: Once an insurance agency receives your claim or demand for damages, negotiations start. It may take several rounds to reach a fair conclusion.
- Filing a lawsuit if necessary: After the discovery process to share information, your case may still settle or go to mediation. If not, your attorney prepares for trial in front of a six-person civil court jury.
- Finalizing the claim: Before you receive compensation from a settlement or verdict, your attorney may have to pay obligations such as medical debt and money you owe the state, and subtract attorneys’ fees and costs.
Learn how personal injury claims work in New York in more detail so you don’t make mistakes that can cost you compensation.
Understanding the Filing Process of a Personal Injury Lawsuit
You may be entitled to significant compensation if someone else’s negligence caused your injuries. However, you must navigate the New York personal injury claims process to prove the other party’s liability, and that involves several opening steps.
Paperwork Required To File a Personal Injury Lawsuit in New York
The specific documentation you need for a personal injury claim depends on the type of incident that led to your injuries. For example, if you were in a car accident resulting in injury or $1,000 or more in damages, you must file a crash report with the DMV within 10 days. Similarly, if you were injured on a commercial property, file an incident report with the owner or manager.
For a medical malpractice claim, you need documentation proving that you were under the defendant doctor’s or hospital’s care when the negligence that led to your injury occurred.
Filing a Claim With Your Insurance Company
Filing a first-party claim with your insurer is the next step in some personal injury cases. For example, after a motor vehicle accident, you file a claim for personal injury protection benefits. An exception is for motorcycle accident cases. PIP doesn’t cover these crashes, so motorcyclists can start with a third-party claim with the at-fault party’s insurer.
There are three elements to filing an insurance claim, including:
- Notifying the insurance company: Provide details of the accident, but only the facts, not conjecture about liability.
- Submitting documentation: File all required documents, such as a police crash report, medical records, and wage statements.
- Following up: Stay in contact with the insurance adjuster for updates and additional paperwork requirements.
Procedural Requirements and Deadlines
You must take specific actions, often within deadlines, to proceed in the personal injury claims process. Some requirements are specific to the type of claim you are filing and include:
- Summons and complaint: To initiate the formal civil lawsuit process, file a summons and complaint in court and serve it on the defendant.
- Notice of claim: File a notice of claim within 90 days of your accident when you are suing a government entity.
- Medical malpractice: File a Certificate of Merit from a doctor stating that you have a reasonable case for negligence.
- Car accident: File your PIP claim with your insurer within 30 days. If you meet the serious injury threshold or have at least $50,000 in economic damages, you can file a personal injury claim with the other driver’s insurance.
Under the New York statutes of limitations, you generally have three years to file personal injury claims, with limited exceptions. For example, you have two years to file a wrongful death lawsuit.
Borough-Specific Filing Trends for Claims Against New York City (no changes)
6,289 claims filed (highest per capita rate at 464 claims per 100,000 residents)
4,001 claims filed
3,485 claims filed
2,489 claims filed
533 claims filed (lowest per capita rate at 109 claims per 100,000 residents)
Personal Injury Investigation Process
Before filing your lawsuit, you need a detailed investigation to gather evidence and identify all liable parties. Every personal injury claim is unique, so the evidence you need varies based on your circumstances.
For a truck accident claim, you may need logs that show a driver exceeded federal driving hours limits and was likely fatigued. In a slip and fall claim, you may bolster your case with maintenance logs showing that no one inspected the premises for hazards within a reasonable period.
Generally, the steps in an investigation include:
- Visiting the site of your injury
- Collecting evidence
- Interviewing witnesses
- Looking for security camera footage
- Determining the cause of the accident
Our firm works with a network of accident reconstructionists, medical experts, vocational specialists, economists, and other experts and can handle even the most complex personal injury cases. We have significant experience across personal injury claims types, so we know what the investigation process must look like for your case.
Personal Injury Settlement Process
Your attorney will typically initiate settlement negotiations by sending a demand letter to the at-fault party’s insurance company. This document explains your position that the at-fault party is liable for compensating you.
Damages are case-specific and include but are not limited to:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
The insurance company may agree to settle for the full amount, but this is rare. More commonly, it will send a lowball counteroffer that doesn’t come close to covering all of your losses. We keep pressure on the insurance company to pay fair compensation.
How long it takes your case to settle depends on factors such as the extent of your injuries and damages, how many parties hold liability, and the quality of your evidence. It can take several months to settle even a straightforward claim. Cases involving contested liability with high potential payouts often result in a longer serious injury claims process that could take a year or more—longer if your case goes to trial.
Understanding the Settlement Process for Government-Related Claims
If the state or local government is liable for your injuries, you cannot file a lawsuit unless you file a Notice of Claim within 90 days of the incident. The involved agency will investigate your case to determine whether its actions caused or contributed to your injuries. If it decides you deserve compensation, it may offer to settle.
If you accept the settlement, you release the government from further liability. Otherwise, you may proceed with a lawsuit. The filing deadline is one year and 90 days from the date of the incident.
According to its Claims Dashboard, in Fiscal Year 2025, the City of New York settled 33% of personal injury claims. Of those, about half settled pre-litigation.
Borough-Specific Settlement Data for Claims Against New York City
Borough | 2023 Claims Payouts |
Bronx | $197.5 million |
Brooklyn | $172.8 million |
Manhattan | $145.4 million |
Queens | $100.9 million |
Staten Island | $29.3 million |
If a Settlement Cannot Be Reached
If it becomes clear that the insurance company will not offer a settlement that covers your damages, your attorney can file a personal injury lawsuit on your behalf. Our award-winning attorneys at Chopra & Nocerino are serious trial lawyers who refuse to back down. When you are seriously injured, you deserve more than a fraction of someone else’s insurance policy limits. You deserve full and fair compensation, and we are prepared to take your case to trial and fight for every penny.
Key Steps When Filing a Lawsuit in New York
We will file your lawsuit against the at-fault parties and their insurance companies in the appropriate court. A process server will deliver a copy of the lawsuit to each defendant.
Trial Preparation
We prepare every case as if it is going to trial. Before filing your lawsuit, we will do the following to ensure we have strong evidence to support your allegations:
- Investigate your accident
- Review your medical records
- Gather evidence to present in court
- Interview witnesses
- Prepare you to testify
Discovery
The first phase of the lawsuit process is discovery. During this phase, both sides request evidence from the other, such as medical records and company documents. The court can also compel each party to turn over evidence if they are not forthcoming.
Depositions also occur during discovery. A deposition is an out-of-court meeting between opposing parties and their attorneys. Each side’s sworn testimony may be required. We will prepare you ahead of time so you will know what to say.
Mediation
Mediation is a form of alternative dispute resolution facilitated by a neutral third party. It is normally not mandatory in civil cases in New York, but both sides may save time and money by participating. Settlements reached during mediation are generally confidential. Your attorney can advise whether mediation is a good option in your case.
The Trial
If your case goes to trial, attorneys for both sides will have the opportunity to:
- Give opening statements
- Present witnesses
- Cross-examine witnesses
- Give closing statements
In New York, civil juries consist of six people. The jury’s job is to weigh the evidence and determine whether the defendant is liable for your injuries. If the jury determines the defendant is liable, it must award damages and include an itemization that specifies what the damages are for (e.g., lost wages, medical expenses, pain, and suffering). Judges have some discretion to reduce damages they deem excessive.
What To Expect Once Your Personal Injury Verdict Has Been Reached
If the verdict is in your favor, your attorney collects compensation from the defendants. Before forwarding your compensation, your attorney may satisfy outstanding obligations you incurred while your case was pending. For example:
- If you were unable to pay for medical treatment, your doctors may have agreed to provide care with the understanding that you would pay once your case is resolved (such as a medical lien).
- If you were unable to pay obligations to a government entity, the Comptroller’s Office will be entitled to collect these debts from your compensation. In 2023, the New York Comptroller’s Office collected $7.5 million from claimants with outstanding obligations, including $4.6 million in Medicare/Medicaid liens, $1.4 million in child support arrears, and $942,897 in parking violation judgments.
- We work on a contingency fee arrangement, which means you only pay if you win. We collect our fees and costs from your compensation.
Once these payments are made, we will forward the remaining compensation to you. You will usually receive your compensation within a few weeks after a settlement or verdict. However, if the defendant appeals a verdict, the timeline will be extended.
How Chopra & Nocerino Can Help With Your Personal Injury Claim
Our attorneys are real New Yorkers who are familiar with the specifics of filing cases here. We have over 20 years of combined experience and have helped hundreds of accident victims navigate the personal injury claims process. If you’ve been hurt through little or no fault of your own, we’re ready to fight for you.
We’re creating a new perception of legal dominance, and it shows in the hundreds of millions of dollars in verdicts and settlements we’ve secured for our clients. We do things BIG, but we never leave our clients out of the process. Our entire team will welcome you to our family and treat you with the compassion you deserve after an injury upends your life.
Let Chopra & Nocerino Handle Your Personal Injury Claims Process From Start to Finish
A successful personal injury lawsuit requires evidence that proves the other party’s fault and your damages. You must file your lawsuit before the statute of limitations expires and complete the documentation requirements. Once a lawsuit is filed, your case enters the discovery phase. If a settlement is not reached, a jury will render a verdict stating whether the other party is liable for your damages.
The last thing you need when you are injured is a lengthy fight with a stubborn insurance company. We are changing the perception of law with our no-nonsense approach. Our Long Island personal injury lawyers will take on your fight, and you won’t have to do anything except focus on your medical treatment.
You risk nothing by contacting our award-winning New York personal injury lawyers. You pay nothing unless we win your case. Contact us online or call 855–NYC-HURT today for a free case review.
