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Car Accident Lawsuit Process in NY

Steps in a New York Car Accident Lawsuit

While every car accident disrupts the lives of people involved, most are minor and involve only property damage or limited injuries. However, serious auto accidents – ones involving serious injuries or fatalities – often involve lawsuits because damages exceed insurance policy limits or because an issue of fault is in dispute.

When an accident results in an NY injury lawsuit, several steps are involved. Although these steps may differ from case to case, this page provides an overview of the common stages of a car accident in New York. Keep in mind that more than 90 percent of NY car accident lawsuits end in a settlement; this can occur at any stage.


Prelitigation describes the time before a lawsuit is filed at the courthouse. Prelitigation stages include:

  • Gathering any available evidence immediately following the accident, including photos or video
  • Contacting an experienced New York car accident attorney
  • Working on your behalf, the lawyer will:
    • Collect and assemble evidence relevant to your accident
    • Assist in filing a no-fault insurance claim
    • Notify the at-fault party of your potential claim
    • Initiate discussions on a fair settlement of your claim


Litigation describes the stage that begins when the lawsuit is filed at the courthouse.

  • Filing suit at the appropriate New York courthouse
  • Discovery: the process by which parties obtain evidence from each other
  • Trial: A jury hears the case.
  • Resolution: Either the jury makes a decision and judgment is entered or the parties reach a settlement agreement.

Recovering Damages

Even when a victim wins his or her case, there still may be difficulty obtaining compensation. A skilled New York auto accident attorney can help ensure that clients receive their money damages.

If you were injured in a serious accident, you need an accomplished NYC car accident attorney to represent your interests. The experienced attorneys at Tolmage, Peskin, Harris, Falick have a long record of getting their clients full compensation. Call 212-964-1390 or contact us online to discuss your case.

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