Welcome to the CEO Lawyer Personal Injury Law Firm’s comprehensive guide on what to expect after filing a personal injury lawsuit in New York. We understand that the legal process can seem daunting, especially when dealing with an injury’s aftermath.
That’s why we’ve put together this FAQ to walk you through the personal injury process in NY, step by step.
The Basics of Filing a Personal Injury Lawsuit
I’ve Just Filed My Personal Injury Claim in NY. What Happens Next?
After filing your lawsuit, the next step in the personal injury process in NY is serving the defendant with a copy of your complaint and a summons. This officially notifies them of the lawsuit and gives them a chance to respond.
In New York, the defendant typically has 20 or 30 days to respond, depending on how they were served.
What if the Defendant Doesn’t Respond to the Lawsuit?
If the defendant fails to respond within the allotted time, you may be able to request a default judgment from the court. This essentially means you win the case by default.
However, it’s rare for defendants to ignore lawsuits completely, especially if they have insurance coverage.
Can the Defendant Try to Have My Case Dismissed Right Away?
Yes, the defendant might file a motion to dismiss, arguing that your case lacks legal merit. Don’t panic if this happens – it’s a common tactic.
Your attorney will respond to the motion, and a judge will decide whether the case can proceed.
The Discovery Phase
What Is the Discovery Phase, and How Long Does It Last?
In the discovery phase, both sides gather information about the case. This can include:
- Interrogatories (written questions)
- Requests for documents
- Depositions (sworn out-of-court testimony)
In New York, there’s no set time limit for discovery, but courts often set deadlines to keep cases moving. It can last several months to over a year, depending on the complexity of your case.
Do I Have to Give a Deposition? I’m Nervous About It.
If the defendant’s attorney requests it, you’ll likely need to give a deposition. It’s normal to feel nervous, but remember:
- Your attorney will prepare you thoroughly beforehand
- You have the right to take breaks during the deposition
- You can ask for clarification if you don’t understand a question
- Your attorney will be present to object to inappropriate questions
Can the Defendant Access My Medical Records?
Yes, but only those relevant to your injury claim. Your attorney will review all requests for medical information to ensure they’re appropriate and not overly invasive.
Negotiations and Settlement Discussions
When Do Settlement Negotiations Usually Start?
Settlement discussions can happen at any point during the personal injury process in NY, even before a lawsuit is filed. However, serious negotiations often begin after both sides have gathered substantial evidence during discovery.
Should I Accept the First Settlement Offer?
It’s generally not advisable to accept the first offer. Initial offers are often lower than what your case might be worth.
Your attorney will help you evaluate any offers and negotiate for a fair settlement.
What if I Want to Settle, but the Defendant Doesn’t?
If the defendant is unwilling to settle, your case may need to go to trial. However, keep in mind that the vast majority of personal injury cases settle before trial.
Sometimes, a mediator can help both sides reach an agreement.
Preparing for Trial
How Do We Prepare for Trial?
Trial preparation involves several steps:
- Finalizing witness lists
- Preparing exhibits
- Drafting pre-trial motions
- Preparing opening and closing statements
- Conducting mock trials or focus groups
Your attorney will handle most of this, but you’ll need to prepare to testify if called as a witness.
Will I Definitely Have to Testify at Trial?
While it’s not guaranteed, it’s highly likely you’ll need to testify if your case goes to trial. Your testimony is crucial in helping the jury understand how the injury has affected your life.
I’m Worried About Facing the Defendant in Court. Is There Any Way to Avoid This?
It’s natural to feel anxious about this. Remember, the courtroom is a controlled environment, and the judge will ensure everyone behaves appropriately. If you have specific concerns, discuss them with your attorney.
In some cases, it might be possible to request special arrangements.
The Trial Process
How Long Does a Personal Injury Trial Typically Last?
The length of a trial can vary greatly depending on the complexity of the case. Some may be resolved in a day or two, while others could last weeks.
Your New York personal injury attorney can give you a better estimate based on the specifics of your case.
What Happens if I Win? Do I Get the Money Right Away?
If you win at trial, the judge will enter a judgment in your favor. However, you typically don’t receive payment immediately.
The defendant has the right to appeal, and even if they don’t, it can take time to collect the judgment.
What if I Lose the Trial? Is That the End of My Case?
If you lose at trial, you may have the option to appeal the decision. Your attorney will discuss whether an appeal is advisable based on the specific circumstances of your case.
After the Verdict
The Jury Ruled in My Favor, but the Amount Is Less Than I Expected. Can Anything Be Done?
In some cases, it may be possible to file a motion for additur, asking the judge to increase the damages awarded. However, these motions are rarely granted.
Your attorney can advise you on whether this is a viable option in your case.
The Defendant Is Appealing the Verdict. What Does This Mean for Me?
An appeal can delay your receipt of damages and potentially overturn the verdict. However, the appeals process is lengthy, and the appellate court will only reverse the decision if there are significant legal errors during the trial.
Appeals Process
How Long Does the Appeals Process Take?
In New York, the appeals process can take anywhere from several months to over a year. This includes time for both sides to submit briefs and for the court to review the case and make a decision.
Can New Evidence Be Introduced During an Appeal?
Generally, no. Appeals are typically based on legal errors that occurred during the trial, not on new evidence.
The appellate court reviews the existing trial record to make its decision.
Collecting Your Judgment
The Defendant Says They Can’t Afford to Pay the Judgment. What Now?
If the defendant truly can’t pay, collecting your judgment can be challenging. However, there are several options:
- Garnishing wages
- Placing liens on property
- Seizing bank accounts
Your attorney can help you explore these options. If the defendant has insurance, the insurance company will typically pay up to the policy limits.
How Long Do I Have to Collect My Judgment in New York?
In New York, a judgment is valid for 20 years. However, it’s best to try to collect as soon as possible, as the defendant’s financial situation may change over time.
Timeline and Delays
How Long Does the Entire Personal Injury Process in NY Typically Take?
The timeline can vary greatly depending on the complexity of the case and whether it goes to trial. A straightforward case that settles out of court might be resolved in 6-12 months.
A case that goes to trial could take 1-3 years or even longer.
What Factors Might Delay My Case?
Several factors can cause delays:
- Court backlogs
- Complex discovery issues
- Difficulty scheduling depositions or medical examinations
- Settlement negotiations
- Appeals
Your attorney will work to keep your case moving as efficiently as possible.
Costs and Fees
What Costs Should I Expect During the Lawsuit Process?
Common costs in a personal injury lawsuit include:
- Filing fees
- Expert witness fees
- Deposition costs
- Medical record retrieval fees
- Exhibit preparation costs
Many personal injury attorneys, including us at the CEO Lawyer Personal Injury Law Firm, work on a contingency fee basis. This means you don’t pay these costs upfront – they’re deducted from your settlement or award if you win your case.
What if I Can’t Afford to Pay for the Lawsuit?
Don’t let concerns about costs prevent you from seeking justice. Our firm operates on a contingency fee basis, meaning we only get paid if we win your case.
We’ll cover the upfront costs of the lawsuit, and you’ll only pay if we secure a settlement or verdict in your favor.
Your Role During the Process
What Should I Be Doing While My Lawsuit Is Ongoing?
Your main responsibilities during the lawsuit are:
- Following your doctor’s treatment plan
- Keeping your attorney informed of any changes in your medical condition
- Being honest and thorough when answering questions during discovery
- Staying off social media or being very careful about what you post
- Keeping records of any ongoing expenses related to your injury
Can I Talk to Friends and Family About My Case?
While it’s natural to want to discuss your case, it’s best to limit these conversations. Anything you say to friends or family could potentially be used against you in the lawsuit.
If you need to talk, consider speaking with a therapist or counselor.
Emotional and Physical Well-being
The Lawsuit Process Is Stressing Me Out. Is This Normal?
Yes, it’s completely normal to feel stressed during a lawsuit. It’s a lengthy process with a lot at stake. Some ways to manage stress include:
- Regular exercise (as approved by your doctor)
- Meditation or mindfulness practices
- Seeking support from a therapist or support group
- Staying engaged in hobbies and activities you enjoy
Remember, your well-being is crucial to your case. Don’t hesitate to discuss any concerns with your attorney.
Should I Continue Medical Treatment During the Lawsuit?
Absolutely. Continuing your prescribed medical treatment is crucial not only for your health but also for your case.
It demonstrates the ongoing impact of your injuries and shows that you’re doing everything possible to recover.
Special Considerations in New York
How Does New York’s “No-Fault” Insurance System Affect My Lawsuit?
New York’s no-fault insurance system means that for most car accidents, you’ll first seek compensation from your own insurance company, regardless of who was at fault. You can only file a lawsuit against the at-fault party if your injuries meet certain thresholds of severity.
This doesn’t apply to other types of personal injury cases, like slip and falls or medical malpractice.
I’ve Heard About New York’s “Pure Comparative Negligence” Rule. What Does This Mean for My Case?
Under New York’s pure comparative negligence rule, you can recover damages even if you were partially at fault for your injury. However, your compensation will be reduced by the percentage of your fault.
For example, if you’re found to be 20% at fault, you can still recover 80% of the damages.
Other Common Questions
Can I Change Attorneys in the Middle of My Lawsuit?
Yes, you have the right to change attorneys at any point during your case. However, it’s important to consider the potential delays this might cause.
If you’re unhappy with your current representation, try discussing your concerns with your attorney first.
What if the Defendant Files for Bankruptcy During the Lawsuit?
If the defendant files for bankruptcy, it can complicate your case. The bankruptcy court may issue an automatic stay, pausing your lawsuit.
However, in some cases, you may be able to continue your case with permission from the bankruptcy court. Your attorney can guide you through this process.
Can My Case Be Reopened After It’s Settled?
Generally, once a case is settled and you’ve signed a release, it cannot be reopened. This is why it’s crucial to ensure you’re satisfied with a settlement before accepting it.
However, in rare cases involving fraud or severe misconduct, it might be possible to challenge a settlement.
How Will My Lawsuit Affect My Taxes?
The tax implications of a personal injury settlement can be complex. Generally, compensation for physical injuries is not taxable under federal or New York state law.
However, portions of your settlement (like lost wages or punitive damages) may be taxable. It’s best to consult with a tax professional about your specific situation.
Every case is unique, and the personal injury process in NY can be complex. If you have questions about your specific situation, don’t hesitate to reach out to us at the CEO Lawyer Personal Injury Law Firm.
We’re here to guide you through every step of the process.
Call us today at (516) 689-1132 to schedule a free consultation. Let us put our expertise to work for you in navigating your personal injury lawsuit in New York.
