When settlement negotiations fail to produce fair compensation, filing a lawsuit may be necessary to pursue the recovery you deserve. Understanding how New York's court system works and what to expect during litigation helps you make informed decisions about your case. While most personal injury claims settle before trial, the willingness and ability to take a case to court often motivates insurance companies to offer reasonable settlements.
At Rosenberg & Rodriguez Personal Injury Lawyers, we have extensive experience litigating personal injury cases in courts throughout New York City and Long Island. This guide explains where personal injury cases are filed, how the litigation process works, and what you can expect if your case goes to trial.
New York's Court System
New York has a unique court structure that can be confusing to those unfamiliar with it. Understanding which court handles your case is the first step in the litigation process.
Supreme Court
Despite its name, the New York Supreme Court is actually the state's trial-level court of general jurisdiction. This is where most personal injury lawsuits seeking substantial damages are filed. The Supreme Court has unlimited monetary jurisdiction, meaning it can hear cases involving any amount of damages.
Each county has its own Supreme Court. Cases are typically filed in the county where the accident occurred, where the defendant resides, or where the defendant conducts business. For accidents in New York City, this means filing in the Supreme Court for Kings County (Brooklyn), Queens County, Bronx County, New York County (Manhattan), or Richmond County (Staten Island).
You can find information about Supreme Court locations and procedures through the New York State Unified Court System.
Civil Court of the City of New York
For cases in New York City seeking damages of $50,000 or less, the Civil Court provides an alternative forum. Cases in Civil Court often move faster than Supreme Court cases, though the damage cap limits their usefulness for serious injury claims.
District Courts and City Courts
Outside New York City, District Courts (in Nassau and Suffolk Counties) and City Courts handle smaller claims. These courts have monetary limits on the cases they can hear, typically ranging from $15,000 to $25,000.
Small Claims Court
For minor claims up to $10,000 in New York City ($5,000 in other areas), Small Claims Court provides a simplified process where parties often represent themselves. Most personal injury cases involving significant injuries exceed these limits.
When to File a Lawsuit
Several factors influence the decision to file a lawsuit rather than continuing settlement negotiations.
Insurance Company Bad Faith
When insurers refuse to negotiate reasonably, deny valid claims, or engage in delay tactics, filing suit may be the only way to pursue fair compensation. Litigation creates deadlines and procedures that prevent indefinite delays.
Disputed Liability
If the liability for your accident is contested, a lawsuit allows you to present evidence to a jury that can make a binding determination of fault.
Inadequate Settlement Offers
Insurance companies sometimes offer settlements far below the value of a claim. When negotiation reaches an impasse, filing suit demonstrates your willingness to pursue the case through trial.
Approaching Statute of Limitations
If the statute of limitations deadline is approaching without a settlement, filing a lawsuit preserves your right to compensation. Waiting too long eliminates your ability to pursue a claim regardless of its merits.
The Litigation Process
Personal injury litigation follows a structured process with defined stages.
Filing the Complaint
Litigation begins when your attorney files a complaint with the court and serves it on the defendant. The complaint outlines the facts of your case, the legal basis for your claim, and the damages you seek. The defendant then has a specified time to file an answer responding to your allegations.
Discovery
Discovery is the process through which both sides gather information and evidence. This includes interrogatories (written questions), document requests, and depositions (sworn testimony taken outside of court).
Depositions allow attorneys to question parties and witnesses under oath. Your attorney will depose the defendant and relevant witnesses, and the defendant's attorney will depose you. Deposition testimony often influences settlement negotiations, as both sides gain clearer understanding of how witnesses will present at trial.
Discovery can take six months to over a year depending on case complexity.
Motions
Throughout litigation, either party may file motions asking the court to rule on specific issues. Common motions include motions to dismiss, motions to compel discovery, and motions for summary judgment (asking the court to rule without a trial because the facts are undisputed).
Settlement Conferences
New York courts require settlement conferences where parties meet with a judge to discuss resolution. Many cases settle during or after these conferences as trial approaches and both sides more realistically assess their positions.
Trial
If settlement is not reached, the case proceeds to trial. In most personal injury cases, you have the right to a jury trial. The trial process includes jury selection, opening statements, presentation of evidence and witness testimony, closing arguments, jury deliberation, and verdict.
Trials can last from a few days to several weeks depending on case complexity.
Appeal
After a verdict, either party may appeal if they believe legal errors affected the outcome. Appeals are heard by the Appellate Division and potentially the Court of Appeals (New York's highest court). Appeals can add months or years to the final resolution.
Court Locations in New York City
Each borough has courthouse facilities where personal injury cases are heard.
Kings County (Brooklyn) Supreme Court is located at 360 Adams Street in downtown Brooklyn. This court handles personal injury cases arising from accidents throughout Brooklyn.
Queens County Supreme Court is located at 88-11 Sutphin Boulevard in Jamaica. Cases from Queens car accidents, slip and falls, and other incidents are heard here.
Bronx County Supreme Court is located at 851 Grand Concourse. This courthouse handles cases from accidents occurring throughout The Bronx.
New York County (Manhattan) Supreme Court is located at 60 Centre Street for civil matters.
Nassau County Supreme Court is located at 100 Supreme Court Drive in Mineola, serving Long Island communities including Hempstead and Freeport.
Special Procedures for Government Defendants
If your claim involves a government entity—such as the City of New York, the MTA, or a state agency—special procedures apply. You must file a Notice of Claim within 90 days of the accident, attend a hearing where you provide sworn testimony about the incident, and file your lawsuit within one year and 90 days of the accident.
These shortened deadlines and additional requirements make it essential to consult an attorney promptly after any accident involving a government defendant.
How Long Does Litigation Take?
Personal injury litigation in New York typically takes one to three years from filing to trial, though many cases settle earlier. Factors affecting timeline include court backlog in your jurisdiction, complexity of medical and liability issues, number of parties involved, and discovery disputes.
Our case timelines guide provides more detail on what to expect at each stage.
The Value of Experienced Representation
Navigating the court system requires knowledge of procedural rules, deadlines, and litigation strategy. Experienced trial attorneys understand how to present evidence persuasively, cross-examine witnesses effectively, and advocate for maximum compensation before judges and juries.
At Rosenberg & Rodriguez Personal Injury Lawyers, our attorneys have decades of combined courtroom experience. We handle cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
Contact a New York Personal Injury Attorney
If settlement negotiations have stalled or you need to file a lawsuit to pursue fair compensation, the attorneys at Rosenberg & Rodriguez Personal Injury Lawyers have the litigation experience to take your case to court.
We serve accident victims throughout Brooklyn, Queens, The Bronx, and all of New York. We offer free consultations and work on a contingency fee basis—you pay nothing unless we win.
Contact us today to discuss your case.