Your New York Injury Claim, Step by Step

In this stage, our team documents the scene, secures records, works with experts, and files your no-fault claim so your medical bills are covered while we prepare the case against the at-fault party. Here is what that looks like.

1. Preserve the evidence. We secure the police report, photographs, and any video, and we send preservation letters so dash cam, surveillance, or vehicle data is not erased.
2. File your no-fault claim. We submit your NF-2 application within the 30-day deadline and keep your medical bills (due within 45 days) and lost-wage claims (due within 90 days) on track so your PIP benefits are not denied.
3. Build the medical record. We gather your treatment records and imaging and, when needed, obtain physician opinions that document objective findings tied to the accident, which is what New York courts require to meet the serious injury threshold.
4. Retain the right experts. Depending on the case, we bring in accident reconstruction specialists, medical experts, engineers, or economists to prove how the injury happened and what it will cost you over time.
5. Interview witnesses. We locate and speak with witnesses while memories are fresh and take statements that support your account.
6. Establish negligence. We tie the evidence together to prove the four elements of a negligence claim: duty, breach, causation, and damages.

Filing a personal injury case in New York follows a strict sequence, and a missed step or deadline can end a claim before it is heard. Here is how we work.

1. Confirm the deadline. We file within New York’s three-year statute of limitations for most negligence claims (CPLR Section 214) or the much shorter Notice of Claim deadlines that apply when a municipality or public entity is involved.
2. Draft and file the Summons and Complaint. We file in the New York State Supreme Court for the proper county, obtain an index number, and formally begin your lawsuit.
3. Serve the defendant. We arrange proper service of process so every responsible party is formally notified and answerable to the court.
4. Handle the Answer and Bill of Particulars. After the defense serves its Answer, we prepare your Bill of Particulars under CPLR Section 3043, spelling out the negligence alleged, the injuries claimed, and the damages sought.
5. Manage discovery. We conduct disclosure under CPLR Article 31: document demands, interrogatories, and depositions (examinations before trial), and we prepare you for the defense-ordered independent medical examination (IME).
6. Keep no-fault and liability claims coordinated. We keep your PIP benefits and your liability lawsuit moving in parallel, so your medical care is covered while your case against the at-fault party proceeds.

Because we prepare every claim for trial from day one, insurers know our demands are backed by a willingness to litigate, not an empty threat. Here is how we resolve your case.

1. Value your case. We total your economic damages (medical bills, future care, and lost earnings) and your non-economic damages (pain and suffering), often using medical and economic experts to project future costs once you reach maximum medical improvement.
2. Make the demand. We present the at-fault party’s insurer with a demand supported by the evidence and the medical record we have built.
3. Negotiate from strength. We handle every conversation with the adjuster and defense counsel, and we are prepared to use mediation or other alternative dispute resolution to reach a fair result.
4. File the Note of Issue and prepare for trial. If the offer is not fair, we certify the case as trial-ready and prepare exhibits, witnesses, and expert testimony.
5. Try the case. We select a jury, present your evidence, cross-examine the defense’s witnesses, and argue for full compensation. Under New York’s pure comparative negligence rule (CPLR Section 1411), you can recover even if you were partly at fault.
6. Pursue the recovery. Whether the case settles or a jury returns a verdict, we work to secure and deliver the compensation you are owed.