Filing an Injury Claim in New York
Although every case is different, filing an injury claim in New York generally follows several stages. Understanding the process can help injured individuals know what to expect as their case progresses.
Investigation and Evidence Collection
The claims process typically begins with an investigation to determine how the accident occurred, who may be legally responsible, and the extent of the injured person’s damages.
Depending on the circumstances, this may involve reviewing medical records, accident reports, witness statements, photographs, surveillance footage, employment records documenting lost wages, bills and receipts, and, when appropriate, expert opinions.
Sending a Demand Letter
Once the injured person’s medical condition becomes more stable and damages can be reasonably evaluated, a demand letter may be sent to the insurance company.
This package typically outlines the basis for liability, summarizes the medical evidence, documents financial losses, discusses pain and suffering when appropriate, and includes supporting information for any anticipated future damages. It serves as the starting point for settlement negotiations.
Settlement Negotiations
Many New York personal injury settlement discussions involve several rounds of negotiations between the parties before a resolution is reached.
During this stage, insurance companies evaluate issues such as liability, medical evidence, comparative fault, future treatment needs, lost income, and any supporting expert opinions. While many claims are resolved through negotiation, others may proceed to mediation or litigation if the parties cannot reach an agreement.
Filing a Lawsuit
If negotiations do not produce a fair resolution, a lawsuit may become necessary. Most personal injury lawsuits are filed in the New York Supreme Court, which serves as the state’s trial court of general jurisdiction. The New York State Unified Court System provides general information about New York courts and judicial procedures.
Smaller claims may fall within other courts depending on the amount in controversy. For example, the Civil Court of the City of New York generally has jurisdiction over claims valued at $50,000 or less, while Nassau and Suffolk District Courts hear certain lower-value civil claims.
If a party appeals a decision, the case proceeds to the appropriate department of the Appellate Division, with further review available in limited circumstances before the New York Court of Appeals, the state’s highest court.
