Litigation is a battle. When you file a lawsuit, you enter a structured, often ruthless legal process where strategy, evidence, and law determine your fate. In New York, lawsuits unfold in the New York State Supreme Court, the state’s trial-level court. Whether you're seeking compensation after an accident, fighting over a contract, or holding someone accountable for wrongdoing, understanding the process can make all the difference.
If you're thinking about suing, you need a legal team that knows how to fight—and win. Horn Wright, LLP, has spent years taking on tough cases across New York. Our attorneys know how to navigate the legal battlefield, from pre-litigation strategies to courtroom victories. If you’re ready to sue someone, we’re here to stand by your side.
The Moment of Truth: Can You Actually Sue?
Face-to-Face With Your Attorney
Before you dive into a lawsuit, you need to know if you even have a case. This is where your attorney steps in. They’ll analyze the facts, review the evidence, and tell you if your claim has legal legs. What happens when you sue someone? It’s not just about being right. It’s about proving it. If your case lacks solid evidence or a clear legal argument, an attorney will tell you straight-up: it’s not worth the fight.
Digging Deeper into Your Story
Lawyers don’t just take your word for it. They dig deep. That means:
- Reviewing medical records, police reports, and contracts
- Interviewing witnesses who saw what happened
- Finding security footage, emails, or other hidden proof
Every detail matters. The stronger your evidence, the better your chances when you sue in court. Whether it’s a car accident case, a trucking crash, or an employment matter, a seasoned attorney will need to examine every angle of your case to determine how to best proceed.
Calling Out Your Opponent
Before a lawsuit officially begins, your attorney might send a demand letter. This is a formal notice to the other side, laying out your claims and demanding compensation. Demand letters are common in personal injury cases when someone was seriously injured and an insurance company is involved. Sometimes, this letter is enough to get a settlement. If not, it sets the stage for the fight ahead.
The Point of No Return
If negotiations fail, you take the next step: filing a Summons and Complaint. This document, filed with the New York Supreme Court, officially starts your lawsuit. Once it’s in, there’s no turning back. The defendant will be served, and they’ll have to respond. The legal war begins.
Discovery: Secrets Come Out
First Shots Fired
Once the defendant receives the lawsuit, they must answer. They can admit, deny, or argue legal defenses. Some may file motions to dismiss, trying to kill your case to sue someone before it starts. If the judge allows the case to proceed, you enter discovery, which is the phase where both sides uncover the truth.
Forced Transparency
In discovery, both sides must lay their cards on the table. The defendant will demand:
- Documents proving your injuries or financial losses
- Witness statements backing your claims
- Medical history or past lawsuits that could weaken your case
But you get to demand, too. You can force them to reveal:
- Insurance policies that may cover your damages
- Prior complaints or lawsuits against them
- Witnesses and expert opinions supporting their defense
Under Oath and On the Record
Depositions are one of the most intense parts of discovery. Lawyers interrogate witnesses (including you) under oath. Every answer is recorded and can be used in court to sue someone in your case, and also if there’s ever a similar lawsuit filed in the future seeking similar relief. A single slip-up can be costly, so your attorney will prepare you for the pressure.
Another Chance at Peace
As discovery ends, settlement talks often ramp up. If both sides see the risks of trial, they may negotiate a deal. If no agreement is reached, your attorney files a Note of Issue, moving your case closer to trial.
Countdown to Courtroom Battle
Ready for War
With trial looming, both sides prepare for battle. Your attorney gathers final evidence, subpoenas witnesses, and sharpens arguments. Every piece of proof, from medical bills, expert reports, accident reconstructions, must be ready for court. Witness lists are finalized, and trial strategies are honed. In some cases like commercial litigation or business transactions, the amount of evidence can be staggering.
Your attorney will ensure every document is admissible and every witness is prepared for direct and cross-examination. This is when the case takes its final shape before the courtroom showdown. Suing someone isn’t just about filing paperwork. It’s also about building an airtight case.
Last-Minute Deals
Even at this stage, settlement talks continue. Going to trial is a gamble, and most cases—nearly 9 out of 10—settle before reaching a verdict. Defense attorneys may throw out last-minute settlement offers, hoping to avoid the risk of a damaging verdict. Your lawyer will analyze these offers carefully, weighing the pros and cons of accepting versus pushing forward to trial. In some cases, judges may encourage both sides to reconsider settlement through pre-trial conferences.
If negotiations fail, there’s only one path left: stepping into the courtroom and letting the judge or jury decide your fate. What happens when you sue someone and take it to trial? Everything you’ve worked for is on the line.
Trial: Your Day of Judgment
Stepping into the Ring
Trial is high stakes. Your attorney presents your case to a judge or jury. Witnesses testify, experts explain the evidence, and lawyers battle over legal arguments. Every moment matters. Courtroom procedures can be unpredictable, with objections, motions, and even surprise testimony shifting the tide. Having an experienced attorney who can think on their feet is critical.
One Last Chance to Settle
Even during trial, settlement negotiations can happen. If a deal is reached, the case ends instantly. If not, it all comes down to the final moment: the verdict. Judges sometimes push for settlement even in the middle of proceedings, knowing that trials are expensive and unpredictable. However, if both sides remain firm, the case continues to its natural conclusion.
Verdict Time
The judge or jury makes the call. They decide who wins, how much money (if any) should be awarded, and whether the case is truly over. To sue someone and win takes strong arguments and undeniable evidence. If the verdict is in your favor, the defendant must comply with the court’s order. If not, the fight may not be over—you might still have the option to appeal.
Appeal: The Fight’s Not Over Yet
Challenging the Outcome
If you lose—or if you win but the other side refuses to accept it—there’s still one more move: appeal. The losing side can take the case to the Appellate Division. They’ll argue that errors were made, hoping to overturn the verdict or reduce the damages. Appeals can take months, even years, extending the fight long after trial ends.
Hire Horn Wright, LLP, Today
Litigation is long, stressful, and unpredictable. But knowledge is power. When you understand the process, you stay in control. If you're ready to sue somebody and take the fight to court, Horn Wright, LLP, is ready to stand with you. Let’s get to work.
The right legal team can make or break your case. At Horn Wright, LLP, we don’t just go through the motions—we fight for the best possible outcome. You deserve having one of the best law firms in America on your side if you’re involved in a lawsuit.
Contact our office today for a FREE consultation, and let’s start building a winning case together.