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A Step-by-Step Process of a Personal Injury Case in New York

February 4, 2016 Personal Injury,Personal Injury FAQs

Generally, a personal injury lawsuit in New York can go in many different directions, depending on the merits of a particular case, the skill of the attorney, and the availability of strong evidence, but the legal process involved in filing a case and proceeding with the case is the same.

In this article, the primary steps of evidence gathering and filing a personal injury case are outlined, which are:

  1. Gather medical evidence of personal injury
  2. Consult an attorney
  3. File initial court papers
  4. Find facts during trial (discovery)
  5. Motions before trial
  6. Trials
  7. Collect compensation
  8. Appeal against a court verdict

In a step-by-step personal injury case, here is what you have to do:

Gather Medical Evidence of Personal Injury

Evidence of lost earnings due to injury should also be preserved along with medical evidence

Evidence of lost earnings due to injury should also be preserved along with medical evidence.

After an injury incident, it is always better to seek immediate medical help and treatment. This step is not only for recovering from health problems, but also to acquire solid medical evidence of injuries and associated treatment expenses for future legal claims. The evidentiary documents should include all diagnostic reports, treatment records, prescriptions, bills, and payment receipts. Additionally, documentary evidence of lost earnings due to injury should also be preserved along with medical evidence.

Consult an Attorney

Locate and contact a fantastic personal injury attorney in New York and engage in an initial case assessment session. In this session, you can also find out what types of documents your attorney will require to build and file a case. Once your attorney has provided a lead, begin to gather all the necessary documents for your next meeting with the attorney. Be prepared to collect all the documents over a period of time as certain documents take time to collect.

File initial Court Papers

In your subsequent meetings with the attorney, you and your attorney will carefully go over all the legal steps involved, such as complaints, answers, and some motions involved at the beginning of a lawsuit.

Find Facts during Trial (Discovery)

The “discovery” procedure enables both the opponent parties in a trial to acquire information from each other to establish the “claims” made against each other. A common tendency of the opposing parties’ attorneys is to systematically examine key witnesses at trail and discredit their testimonies for legal advantage. The facts can also be acquired through recorded statements of the plaintiff or the defendant called “depositions,” which can be used during the trial.

Motions before Trial

Many cases at this stage may be resolved by “Motion to Dismiss” and other motions to conclude the before trial. Such motions may lead to:


Many times, both the parties may involve their attorneys and insurance companies and mutually settle the case without waiting for the legal verdict. This decision to mutually settle can come any time during a step-by-step personal injury case.


Trials involve selection of jury members, opening arguments, witness testimony, closing arguments, and finally, a jury’s verdict.

Collect Compensation

The actual damage recovery process after the court verdict can be challenging. Even after winning at court, the winner often has to do some extra work to collect the compensation.

Appeal against a Court Verdict

Appeals are very different from trials, and involve a different set of operative rules. The “record on appeal” is the primary premise of argument during an appeal. A strong appeal can turn a verdict around!

An experienced law firm in New, Rosenberg, Minc, Falkoff, & Wolff of RMFW Law is here to help you with complicated personal injury claims. The legal process often requires acquired skills and expert knowledge in different facets of personal injury law, so if you need help, call this law firm at 212 697 9280. RMFW Law will work hard for you.

We have won millions of dollars for past clients. We know how to win a lawsuit.