If you’ve filed a personal injury lawsuit in New York, you might expect things to move quickly. But once your attorney files the case, it can feel like everything suddenly goes quiet. Don’t worry—this is completely normal. Most of what happens early on in a lawsuit occurs behind the scenes, and there are several important steps that must take place before the case moves forward.
Here’s what you can expect during the first few months after filing a lawsuit in New York:
1. Filing the Lawsuit (The Complaint)
After working with your attorney to prepare your legal claim, the lawsuit begins when a document called a Complaint is filed with the court. In New York, this is almost always done electronically through the state’s e-filing system.
2. Serving the Defendant
Once the Complaint is filed, it must be served on the person or business you are suing (known as the defendant).
- Service of process usually means a process server physically hands the legal papers to the defendant.
- If the defendant is a company or corporation, they are typically served through the New York Secretary of State.
Under New York law, plaintiffs generally have up to 120 days (4 months) to serve the defendant after filing the Complaint. However, many attorneys try to serve the defendant as soon as possible to avoid delays and to address any service issues early on.
3. Waiting for the Defendant’s Response
Once served, the defendant usually has 20 to 30 days to respond to the Complaint. This response is called an Answer.
If the defendant hires an attorney, that lawyer may request a brief extension, which is common. So, in some cases, it might take a month or two (or even longer) before the defendant officially responds.
4. The Discovery Phase Begins
After the Answer is filed, the case enters discovery. This is the stage where both sides exchange information and documents. Attorneys may send written questions, request records, and eventually schedule depositions (interviews under oath). This stage helps both parties learn more about the case and prepare for trial or settlement discussions.
Keep in mind: discovery can last for months, sometimes longer, depending on the complexity of the case and the court’s schedule.
5. Why Communication Matters
Because so much of this process happens behind the scenes, it might feel like nothing is happening. That’s why it’s important to choose a lawyer who will keep you informed every step of the way. You should feel comfortable asking questions and understanding where your case stands at any given time.
Final Thoughts
Filing a personal injury lawsuit in New York is the beginning of a multi-step legal process that takes time. From serving the defendant to exchanging evidence, much of the early work is procedural and not immediately visible. Trust your legal team, stay in communication, and know that patience is part of the process.
If you’ve been injured and have questions about filing a lawsuit or the process afterward, don’t hesitate to reach out to an experienced New York personal injury attorney.