Personal Injury Case Timeline in New York
Understanding what a New York personal injury case looks like from start to finish helps you set realistic expectations and make informed decisions at each step. Every case is different — but the sequence below reflects how most cases move.
Immediately After the Accident
Days 1–3: Medical treatment, accident reporting, evidence preservation. This window matters more than most people realize. Site conditions change, witnesses disperse, surveillance footage is overwritten, and equipment is moved or repaired. The steps you take in the first 72 hours can significantly affect your case.
- Seek emergency medical care. Document everything with the treating provider.
- Report the accident in writing (to employer, property owner, or police, depending on the incident).
- Photograph the scene, the hazard, your injuries.
- Get witness names and contact information.
- Call an attorney before speaking to any insurance company.
Retaining a Lawyer
Days 1–30: Retaining counsel early allows your lawyer to act on time-sensitive evidence. We will send preservation letters to property owners, GCs, and insurers demanding that relevant evidence — surveillance footage, accident reports, equipment, project documents — be preserved and not destroyed.
For cases involving a city or municipal defendant, a Notice of Claim must be filed within 90 days of the accident. See our Notice of Claim guide.
Investigation and Filing
Months 1–6: Your attorney investigates the accident, reviews medical records, and identifies all liable parties. In construction cases, this includes analyzing the contract chain, subcontractor agreements, OSHA records, and daily site logs.
A lawsuit is formally commenced by filing a Summons and Complaint in the appropriate New York court. The statute of limitations for most personal injury cases is three years from the date of injury; wrongful death is two years.
Discovery
Months 6–18 (approximately): Discovery is the formal evidence-exchange process. Both sides exchange documents, answer written questions (interrogatories), and take depositions — in-person sworn testimony. In construction cases, depositions often include the injured worker, the GC’s project manager, the site safety officer, and the property owner’s representative.
Medical examinations by defense-retained doctors (IMEs) typically occur during this phase.
Summary Judgment and Trial Preparation
Months 18–30: After discovery closes, either party may move for summary judgment — asking the court to decide liability issues as a matter of law without trial. In Labor Law §240 cases, plaintiff’s attorneys often move for summary judgment on liability early, which can significantly strengthen settlement leverage.
If summary judgment does not resolve the case, it proceeds toward trial. Both sides prepare witness lists, exhibit lists, and legal briefs.
Settlement Negotiations
Most New York personal injury cases settle before trial. Settlement discussions can happen at any point — early in litigation if liability is clear, or during a formal mediation session. Settlement is always your decision. We will advise you on whether an offer is fair based on comparable verdicts and our assessment of risk.
Trial
If the case does not settle, it proceeds to trial. Personal injury trials in New York typically last one to two weeks. The jury decides damages; in cases with prior summary judgment on liability (Labor Law §240), the trial is on damages only.
Resolution and Payment
After a judgment or settlement, proceeds are distributed: the workers’ compensation carrier is reimbursed for benefits paid; outstanding medical liens are resolved; attorney’s fees and advanced costs are deducted; the net goes to you.
How Long Does It Take?
Most serious cases resolve within two to three years. Cases with clear liability and significant injuries may settle earlier. Contested liability cases, or cases that go to trial, can take longer. We will give you a realistic estimate based on your specific facts at the initial consultation.
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Attorney Advertising. This guide is for informational purposes and does not constitute legal advice. Prior results do not guarantee a similar outcome. Amparo Law Firm PLLC — 1 World Trade Center, New York, NY 10007.