When settlement negotiations fail to produce fair compensation, filing a lawsuit may be necessary to protect your rights. Understanding New York’s court system and the litigation process can help you know what to expect if your case goes to trial.
New York’s Court System
New York has a unique court structure that can be confusing at first. Unlike most states, New York’s trial-level court is called the Supreme Court, while its highest court is called the Court of Appeals.
Supreme Court
The New York Supreme Court is the state’s general trial court with broad jurisdiction over civil and criminal matters. Personal injury lawsuits seeking more than $25,000 in damages are typically filed in Supreme Court. Each county has its own Supreme Court.
Civil Court (New York City)
New York City Civil Court handles civil cases involving claims up to $50,000. For smaller personal injury claims in the five boroughs, this may be the appropriate venue.
District Courts (Nassau and Suffolk Counties)
District Courts in Nassau and Suffolk Counties handle civil cases up to $15,000.
County Courts (Outside NYC)
County Courts outside New York City handle civil cases up to $25,000.
City Courts
City Courts in various municipalities handle smaller civil matters.
Small Claims Court
Small Claims Court handles cases seeking $10,000 or less in New York City and $5,000 or less in other courts. These courts offer simplified procedures but may not be appropriate for most personal injury claims.
Where to File Your Lawsuit
Generally, a personal injury lawsuit should be filed in the county where:
- The accident occurred
- The defendant resides or has a place of business
- The plaintiff resides (in some circumstances)
Your attorney will determine the most strategic venue for your case.
The Litigation Process
Step 1: Filing the Complaint
The lawsuit begins when your attorney files a summons and complaint with the appropriate court. The complaint outlines:
- The parties involved
- The facts of the accident
- The legal claims (causes of action)
- The damages you are seeking
Step 2: Service of Process
The defendant must be formally served with the lawsuit documents. New York law has specific requirements for proper service.
Step 3: The Defendant’s Answer
The defendant has a limited time (usually 20-30 days) to file an answer responding to your allegations. The answer may include defenses and counterclaims.
Step 4: Discovery
Discovery is the process where both sides gather information and evidence. This includes:
- Interrogatories: Written questions that must be answered under oath
- Document Requests: Demands for relevant documents such as medical records, accident reports, and insurance policies
- Depositions: Sworn testimony from parties, witnesses, and experts
- Independent Medical Examinations: The defendant’s insurance company may require you to be examined by their doctor
Discovery can take several months to over a year in complex cases.
Step 5: Motions
Either party may file motions asking the court to rule on specific issues. Common motions include:
- Motion to Dismiss: Arguing the case should be thrown out for legal reasons
- Motion for Summary Judgment: Arguing there are no factual disputes and the case should be decided without trial
- Motions to Compel: Asking the court to order the other side to provide discovery
Step 6: Settlement Negotiations and Mediation
Settlement discussions continue throughout litigation. Many courts require mediation or settlement conferences before trial. A skilled attorney knows when to settle and when to push forward.
Step 7: Trial
If the case does not settle, it proceeds to trial. In New York, personal injury plaintiffs may request a jury trial. The trial process includes:
- Jury selection (voir dire)
- Opening statements
- Presentation of evidence and witness testimony
- Cross-examination
- Closing arguments
- Jury deliberations and verdict
Step 8: Appeals
Either party may appeal an unfavorable verdict or ruling. Appeals are heard by the Appellate Division of the Supreme Court. Further appeals may go to the New York Court of Appeals, the state’s highest court.
Important Deadlines: Statute of Limitations
New York has strict deadlines for filing personal injury lawsuits. Missing these deadlines can permanently bar your claim. Key statutes of limitations include:
- General Personal Injury: 3 years from the date of injury
- Medical Malpractice: 2.5 years from the date of malpractice (with some exceptions)
- Wrongful Death: 2 years from the date of death
- Claims Against Municipalities: Notice of Claim must be filed within 90 days; lawsuit within 1 year and 90 days
New York Supreme Court Locations
Personal injury lawsuits are typically filed in the Supreme Court of the county where the accident occurred or where the defendant resides.
New York City:
- New York County (Manhattan): 60 Centre Street, New York, NY
- Kings County (Brooklyn): 360 Adams Street, Brooklyn, NY
- Queens County: 88-11 Sutphin Boulevard, Jamaica, NY
- Bronx County: 851 Grand Concourse, Bronx, NY
- Richmond County (Staten Island): 26 Central Avenue, Staten Island, NY
Long Island:
- Nassau County: 100 Supreme Court Drive, Mineola, NY
- Suffolk County: 1 Court Street, Riverhead, NY
Westchester:
- Westchester County: 111 Dr. Martin Luther King Jr. Blvd, White Plains, NY
We Are Ready to Fight for You
At Isaacson, Schiowitz & Korson, LLP, our attorneys have extensive experience litigating personal injury cases in courts throughout New York State. We have recovered over $200 million for our clients in cases involving car accidents, truck accidents, slip and falls, medical malpractice, construction accidents, and more.
We represent clients in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, Suffolk County, Westchester, and Rockville Centre.
Contact us today for a free consultation to discuss your case.
