TL;DR: A New York personal injury case moves through six stages: (1) treatment and investigation, (2) a demand and possible pre-suit settlement, (3) filing the lawsuit, (4) discovery — including your deposition (called an EBT in New York) and a defense medical exam (IME), (5) settlement negotiations or mediation, and (6) trial, which fewer than ~5% of cases ever reach. Straightforward cases settle in roughly 6–18 months; surgical or contested cases typically run 1–3 years. You pay nothing upfront — New York injury lawyers work on contingency (commonly one-third) — and once you settle, New York law (CPLR 5003-a) requires the insurer to pay within 21 days of receiving the signed release.
Key takeaways
- Six stages: treatment → demand → filing → discovery → negotiation → trial.
- In New York, depositions are called EBTs (Examinations Before Trial).
- Insurers can demand a defense medical exam (IME) — go, but bring an attorney's prep beforehand.
- Straightforward cases: ~6–18 months. Surgical / contested cases: 1–3 years.
- Fewer than ~5% of NY injury cases ever reach trial — most settle in discovery or mediation.
- Contingency fee — usually one-third — you pay nothing unless your attorney wins.
- After settlement, CPLR 5003-a requires the insurer to pay within 21 days of the signed release.
- Liens (Medicare, Medicaid, no-fault, health insurer) come off your settlement before you net out.
Knowing what's coming removes most of the anxiety from an injury case — and helps you avoid the handful of client mistakes that genuinely reduce settlements. Here is the entire process, stage by stage.
Stage 1: Treatment, investigation, and preservation (weeks 0–12)
Your only job at this stage is medical: treat consistently and follow referrals, because your medical record is the spine of the case. Meanwhile your attorney:
- Sends preservation letters (surveillance video, truck black-box data, inspection logs are destroyed quickly without them)
- Handles the no-fault filing (30-day deadline in vehicle cases) and any 90-day notice of claim against public entities
- Photographs the scene, obtains the police report, interviews witnesses
- Identifies every defendant and every layer of insurance
The retainer: New York injury lawyers work on contingency — typically one-third of the recovery (medical malpractice uses a lower, statutorily capped sliding scale). No fee is owed unless you recover, and the firm advances case expenses.
Stage 2: Demand and pre-suit negotiation (months 3–12)
Once your medical picture is stable — or your surgeon has stated a prognosis — your attorney sends a demand package: liability proof, medical records, and a damages analysis. Clear-liability cases with policy-limit injuries often settle here. If the insurer's number isn't fair, the case files. (Never let an approaching statute of limitations pass while negotiating — negotiation tolls nothing.)
Stage 3: Filing suit (the lawsuit officially begins)
Your attorney files a summons and complaint in Supreme Court (New York's trial court) in the proper county — venue matters, as Bronx and Brooklyn juries historically value injuries more highly. The defendant answers, usually within 20–30 days, and almost always denies everything as a formality. Don't be alarmed by the answer; it's boilerplate.
Stage 4: Discovery — the longest stage (6–18 months)
Both sides exchange evidence under court supervision:
| Step | What it is | What you do |
|---|---|---|
| Bill of particulars | Your detailed written claim of injuries and damages | Review for accuracy |
| Document exchange | Medical records, employment/wage records, insurance disclosures | Sign authorizations |
| EBT (deposition) | Your sworn testimony, questioned by defense counsel — New York calls it an Examination Before Trial | Prepare thoroughly with your lawyer; tell the truth; keep answers short |
| IME | "Independent" medical exam by a defense-hired doctor | Attend; be accurate; never exaggerate — IME doctors document everything |
| Defendant's EBT | Your lawyer questions the defendant/company witnesses | Often where liability cases are won |
Two client rules for this entire period: keep treating (gaps become defense exhibits) and stay off social media (defense firms monitor it; a single gym photo can cost six figures).
Stage 5: Settlement, mediation, and conferences (most cases end here)
After discovery, the case is certified trial-ready (a note of issue is filed) and serious negotiation begins — through direct talks, court settlement conferences, or private mediation. The overwhelming majority of New York injury cases — well over 90% — resolve without a verdict. Settlement value sharpens as trial approaches because both sides finally face the same risk.
Stage 6: Trial (the rare case)
A New York injury trial typically runs days to a few weeks: jury selection, liability and damages proof, expert testimony, verdict. Trials carry real risk in both directions, which is precisely why they're rare — but a firm genuinely prepared to try cases extracts better settlements from insurers, who track which lawyers fold.
After resolution: when you actually get paid
- You sign a release; in filed cases a stipulation of discontinuance follows.
- CPLR 5003-a: the insurer must pay within 21 days of receiving the signed release (municipal defendants get longer) — or your attorney can enter judgment with interest.
- Your attorney resolves liens (private health insurance, Medicare/Medicaid, workers' comp) — negotiating liens down is a quiet way good lawyers add real money to your net.
- You receive a closing statement showing the gross settlement, fee, expenses, liens, and your net.
How long will your case take?
| Case profile | Typical timeline |
|---|---|
| Clear liability, defined injury, adequate policy | 6–18 months (often pre-suit) |
| Surgery, contested liability, or commercial defendant | 1–3 years |
| Trial-bound or municipal defendant | 2–4+ years |
The single biggest factor you control: consistent treatment with no gaps. The biggest factor you don't: whether the insurer values the case fairly before suit.
Wondering what your case involves and what it may be worth? Get a free, no-obligation case review →
Three minutes. Confidential. No fee unless your attorney wins.
Start free intake →Frequently asked questions
How long does a personal injury case take in New York?
Straightforward cases settle in 6–18 months; cases involving surgery or disputed liability typically take 1–3 years; trial-bound cases longer. Settling before your medical picture is complete is the most common way claimants undervalue their case.
Do I have to go to court?
Almost certainly not for a trial — over 90% of cases settle. You will, however, testify once at a deposition (EBT) in a conference room, and attend a defense medical exam (IME).
How long after settling do I get my money?
New York law requires payment within 21 days of the insurer receiving your signed release (CPLR 5003-a). Liens can add processing time before final disbursement.
What does it cost to start?
Nothing. Contingency representation means no upfront fees, the firm advances expenses, and you owe nothing if there's no recovery.
Will filing a lawsuit make my case hostile or slow?
Usually the opposite: filing triggers deadlines, forces the insurer to assign defense counsel and reserve money, and historically increases settlement value for serious injuries.