How to File a Personal Injury Lawsuit in Suffolk County: Your Guide to Legal Redress

Posted by Skyseo Roundtable on April 13th, 2024

A Brief Step-by-Step Guide on Filing a Personal Injury Lawsuit in New York

Even though every case is different, all personal injury cases involving car or slip and fall accidents follow a similar pattern. Beginning with the filing and serving of a summons and complaint to initiate legal proceedings, the discovery phase (comprising depositions) follows, and the trial follows.


Settlement is the biggest obstacle in the courtroom during the whole legal process. Insurance companies frequently contact your attorney throughout the road with settlement offers.

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Overview of Civil Litigation


An overview of the main elements of a personal injury lawsuit resulting from a car accident is provided below. It is important to note that this outline is not exhaustive, but it does provide a good overview of the stages of litigation and the points at which potential clients may consider settlement.

The following is an outline of the key points in a personal injury lawsuit arising from an automobile accident. Although there are far too many variables to assume that this outline is in any way definitive, it does highlight the stages of litigation and where settlement comes into play for potential clients.

  1. Filing a Summons and Complaint
  2. Service of the Summons and Complaint
  3. Reviewing the Opposing Party’s Answer
  4. Preparation of a Verified Bill of Particulars/Discovery
  5. Examinations Before Trial (EBTs)/Depositions
    • Prepping for the EBT
      • EBT Procedures
      • How to Answer Questions During EBT
  6. Physical Examination Conducted by the Opposing Party’s Doctor
  7. Note of Issue to Place the Case on the Trial Calendar
  8. Pre-Trial Conferences
  9. Trial


An essential component of the pre-trial stage of a personal injury case resulting from a car accident or a slip and fall is discovery. This is the most difficult and drawn-out phase of the litigation. In these "skirmishes," attorneys evaluate one other's positions and the relative strengths and weaknesses of their clients' cases.

The most significant development in a personal injury lawsuit is the deposition. We invest a great deal of time in the preparation we feel is necessary to enable our client to perform to the best of their abilities when describing their story in the deposition.

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Conclusion

Litigation involving personal injuries is a drawn-out and frequently expensive procedure. For this reason, it is critical that you work with a lawyer that has the expertise to defend your rights throughout the entire legal procedure. Get in touch with Glynn Mercep Purcell & Morrison LLP's knowledgeable lawyers right now. See our blog post, "How to Receive Compensation for Your Personal Injury in New York- a Timeline," for additional information on personal injury lawsuits.

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Joined: June 24th, 2022
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