In most personal injury cases in New York, you will not need to appear in a courtroom or stand in front of a jury. The large majority of claims are resolved through settlement negotiations with the insurance company, often before a lawsuit is ever filed, or shortly afterward without a trial. Some court involvement is still common, such as a deposition, but this typically takes place in a conference room, not a courtroom. Only a small percentage of personal injury cases actually proceed to a full jury trial.
Most Personal Injury Claims Settle Without a Trial
Many personal injury claims in New York begin and end with the insurance claims process. Your attorney gathers medical records, documents your losses, and negotiates directly with the at-fault party’s insurance company. If the insurer offers a fair settlement, the case can be resolved without ever filing a lawsuit.
When a fair settlement is not offered, filing a lawsuit does not automatically mean a trial is coming. Filing simply starts the formal litigation process, which often leads to a negotiated resolution once both sides have exchanged evidence and better understand the strengths and weaknesses of the case.
What Happens After You File a Lawsuit
Once a personal injury lawsuit is filed in New York, the case generally moves through several stages:
- Pleadings. Your attorney files a summons and complaint, and the defendant files an answer.
- Discovery. Both sides exchange medical records, accident reports, and other evidence, and each side may take depositions of the parties and witnesses.
- Motion practice. Either side may ask the court to resolve certain issues before trial. Under CPLR 3212, a party can move for summary judgment, asking a judge to decide the case, or a specific issue such as liability, without a trial if there is no genuine factual dispute.
- Settlement conferences. Courts often schedule conferences to encourage the parties to resolve the case before it reaches a jury.
- Trial. If the case does not settle and no motion resolves it, it proceeds to trial.
Most cases resolve at one of the earlier stages, well before a trial date is ever set.
Depositions: The Court Step Most Clients Actually Experience
If your case involves a lawsuit, the step you are most likely to personally experience is a deposition, also called an examination before trial. During a deposition, you answer questions under oath about the accident and your injuries while a court reporter records everything. This usually takes place in an attorney’s office or conference room rather than a courthouse.
Depositions allow both sides to evaluate the strength of the case, which often leads directly to a settlement once each side has a clearer picture of how a jury might view the evidence.
When a Case May Go to Trial
A trial becomes necessary when the parties cannot agree on a fair settlement, usually because liability is strongly disputed, the insurance company disputes the extent of your injuries, or the amount of damages offered falls well short of what the case is worth. In these situations, either side may choose to let a jury decide the outcome rather than accept an unsatisfactory settlement.
Even when a case is heading toward trial, it can still settle at any point beforehand, including on the courthouse steps on the morning trial is scheduled to begin. Having an attorney who is genuinely prepared to try the case, not just negotiate, often puts you in a stronger position during settlement talks.
Deadline to File a Personal Injury Claim in New York
Under CPLR 214, most personal injury lawsuits in New York must be filed within three years of the date of the injury. If your claim involves a city agency, public hospital, or other municipal entity, a much shorter notice of claim deadline, generally 90 days, applies before a lawsuit can even be filed. Missing either deadline can permanently prevent you from recovering compensation, so it is important to speak with an attorney as soon as possible after an accident.
Why Having an Attorney Matters Either Way
Whether your case is likely to settle quickly or eventually proceed to litigation, having an experienced attorney matters. An attorney who understands how insurance companies evaluate claims can negotiate more effectively from the outset, while an attorney with real trial experience gives you credibility if the case does need to go further. Because you cannot know in advance exactly how a claim will unfold, working with a firm prepared to handle either outcome protects your interests at every stage.
Talk to a New York Personal Injury Lawyer
If you were injured in New York and are wondering whether your case will require going to court, the Law Office of David R. Darvish, P.C. can walk you through what to expect based on the specific facts of your situation.
Our firm represents clients throughout Queens, Brooklyn, and Manhattan in personal injury and motor vehicle accident cases, whether they resolve through settlement or require litigation. Call (516) 968-4817 for a free consultation to discuss your case.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.