Kew Gardens is the civic heart of Queens. At Queens Boulevard and Union Turnpike stands Queens Borough Hall, the seat of the borough president, and beside it the Queens County Criminal Court. Lawyers, jurors, court officers and people with business before the courts fill the sidewalks and diners every weekday. A short ride away, the Queens County Supreme Court in Jamaica hears the borough’s major civil cases, including personal injury lawsuits.
Most slip-and-fall cases settle. But insurers decide what to offer based on what they expect would happen at trial. Understanding the road to trial helps you understand why your case is valued the way it is, and why preparation matters from day one. This article, from a Queens slip & fall lawyer in Kew Gardens, walks through every stage of a premises liability case that goes the distance.
Stage 1: The Claim and the Investigation
Before any lawsuit, the lawyer investigates: where you fell, what caused it, who owned and controlled the property, and what insurance exists. Photos, video, witness statements, incident reports and medical records are gathered. If a public entity like the City of New York is involved, a Notice of Claim must be served within 90 days, and the city may hold a 50-h examination. Many cases resolve at this stage through negotiation with the insurer.
Stage 2: Filing the Summons and Complaint
If negotiations fail, the lawyer files a summons and complaint in Queens County Supreme Court (or another proper venue). The complaint names the defendants, such as the property owner, a tenant, a managing agent or a maintenance contractor, and describes the claim. Defendants have a set time to answer. The deadline to file is generally three years from the fall against private parties, and one year and 90 days against the city.
Stage 3: The Bill of Particulars and Preliminary Conference
The plaintiff serves a verified bill of particulars, a detailed statement of the injuries, the defect alleged and the damages claimed. The court then holds a preliminary conference and issues an order setting a discovery schedule.
Stage 4: Discovery
Both sides exchange information:
- Documents: maintenance and cleaning logs, inspection records, prior complaints, incident reports, leases, contracts, video, and the plaintiff’s medical records and wage records.
- Depositions: testimony under oath, recorded by a court reporter. The injured person is deposed by defense counsel. The plaintiff’s lawyer deposes the property owner’s representatives, superintendents, porters, store managers and others with knowledge.
- Independent medical examination: the defense may have the plaintiff examined by a doctor of its choosing. Despite the name, this doctor is retained by the defense.
- Site inspection: experts may inspect and measure stairs, lighting or flooring.
Discovery often reveals the evidence that decides the case: for example, a cleaning log showing no one checked an aisle for two hours, or prior complaints about a loose handrail.
Stage 5: Summary Judgment
After discovery, either side may ask the judge to decide the case, or part of it, without a trial. In slip-and-fall cases, defendants often move for summary judgment arguing they lacked notice of the condition, the defect was trivial, or a storm was in progress. In New York, a defendant moving for summary judgment on notice generally must show when the area was last inspected or cleaned before the fall, which is why cleaning records matter so much. If the motion is denied, the case moves toward trial, and settlement value often rises.
Stage 6: Note of Issue and Pretrial Settlement Efforts
When discovery is complete, the plaintiff files a note of issue placing the case on the trial calendar. The court may refer the case to mediation or hold settlement conferences. Many cases settle here, when both sides have full information and trial is approaching.
Stage 7: Jury Selection
New York civil juries generally consist of six jurors, plus alternates. In New York, the lawyers typically conduct jury selection (voir dire) themselves, often outside the judge’s presence, asking potential jurors about their experiences and views. Lawyers can challenge jurors for cause and use a limited number of peremptory challenges.
Stage 8: The Trial
New York often bifurcates personal injury trials: liability is tried first, and if the jury finds the defendant liable, damages are tried second.
- Opening statements preview the evidence.
- Plaintiff’s case: the injured person testifies about the fall; witnesses, employees and experts testify about the condition, notice and causation.
- Defense case: the defendant presents its witnesses and experts.
- Jury charge: the judge instructs the jury on the law, including the duty of care, notice and comparative negligence.
- Deliberations and verdict: in New York civil cases, five of six jurors must agree on the verdict.
If liability is found, the jury apportions fault. Under New York’s pure comparative negligence rule (CPLR 1411), the plaintiff’s damages are reduced by their own percentage of fault. In the damages phase, medical experts, economists and the plaintiff explain the injuries and losses, and the jury awards past and future damages for pain and suffering, medical expenses and lost earnings.
Stage 9: Post-Trial Motions and Appeals
After a verdict, either side may ask the trial judge to set it aside or adjust the damages. Appeals in Queens cases go to the Appellate Division, Second Department, in Brooklyn. Appellate courts can review legal errors and whether damage awards deviate materially from what is reasonable compensation. Appeals can add many months or more.
How Long Does It Take?
A Queens slip-and-fall case that goes to trial can take two to four years or more from filing, depending on court calendars, discovery disputes and motions. Most cases resolve sooner. But knowing the full path helps you see why careful early work matters: every photo, every witness and every record gathered in the first weeks becomes evidence at trial.
Why Insurers Care About Trial Readiness
Insurance companies evaluate claims based partly on the plaintiff’s lawyer’s track record and preparation. A case built with strong evidence on notice, solid medical proof and credible witnesses earns a higher settlement value, because the risk of a significant verdict is real.
For general information about New York’s court system, see the New York State Unified Court System. For jury service in Queens, see the court’s jury information page.
Prepared for Every Stage
Mushiyev Law handles slip, trip and fall cases from the first phone call through trial when needed. There is no attorney fee unless we recover money for you. Visit our home page or contact us.
Directions From Kew Gardens to Our Rosedale Office
Mushiyev Law is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, beside the Cross Island Parkway and the Belt Parkway interchange.
From Queens Borough Hall, take the Van Wyck Expressway south to the Belt Parkway east and the Cross Island Parkway to Rosedale, about 20 minutes away.
Where Kew Gardens Residents Fall
Kew Gardens is a mix of Tudor homes, prewar apartment buildings, busy commercial strips and transit hubs, and each produces its own kind of fall.
Apartment buildings. Many of Kew Gardens’ handsome prewar buildings have marble lobby floors, long staircases and courtyards. Wet marble, worn stair treads, loose handrails and dim stairwell lighting cause falls. Landlords have duties under the city’s Housing Maintenance Code and Multiple Dwelling Law, and HPD violation records can help show notice.
Lefferts Boulevard and Austin Street shops. The commercial strips near the Kew Gardens LIRR station have small stores and restaurants with narrow entrances, steps at doorways and floors that get slick in rain and snow.
Transit stations. The Union Turnpike–Kew Gardens subway station and the Kew Gardens LIRR station see heavy foot traffic. Falls on transit stairs and platforms involve the MTA and require a Notice of Claim within 90 days.
Forest Park. Kew Gardens borders Forest Park, and falls on its paths, steps and trails are claims against the city, with the same 90-day notice rule.
The courthouse area. Visitors to Borough Hall and the courts walk busy sidewalks and plazas. Sidewalk defects in front of commercial and government buildings follow the city’s sidewalk rules.
The Witness Stand: What to Expect When You Testify
If your case reaches a deposition or trial, you will testify about the fall. Lawyers prepare clients by reviewing the facts, the photos and medical records, and the kinds of questions defense counsel will ask: what you were wearing, where you were looking, whether you saw the hazard, what you did afterward, and your prior injuries. The best testimony is honest, specific and calm. “I don’t remember” is an acceptable answer when true; guessing is not. Jurors respond to credibility far more than to polish.
Settlement Versus Verdict
A settlement is a certain result on a known timeline. A verdict can be higher or lower than a settlement offer, and it can be appealed. Deciding whether to accept an offer or go to trial is always the client’s decision, made with the lawyer’s honest assessment of the risks. Knowing what trial involves helps you make that decision with confidence.
Protecting Your Case From Day One
Every stage described above depends on what happens in the first days after a fall. Photograph the hazard before it is fixed. Get the names of witnesses and employees. Report the fall in writing and ask for a copy of any incident report. See a doctor promptly and follow through with treatment. Keep your shoes. And talk to a lawyer before giving a recorded statement to the property owner’s insurer. These simple steps become the foundation for everything that follows, whether your case resolves in a few months or goes all the way to a verdict.
Frequently Asked Questions
Will my Kew Gardens slip and fall case go to trial?
Most cases settle before trial. But insurers value cases based on what they expect at trial, so strong preparation increases settlement value.
Where are Queens slip and fall lawsuits filed?
Many are filed in Queens County Supreme Court in Jamaica, though venue depends on the parties and circumstances.
What is an independent medical examination?
An examination by a doctor chosen and paid by the defense. Despite the name, the doctor is retained by the other side.
How many jurors decide a New York civil case?
Generally six, and five of the six must agree on the verdict.
How much does a Queens slip and fall lawyer in Kew Gardens cost?
Mushiyev Law works on contingency: no attorney fee unless we recover money for you.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Attorney Advertising. Prior results do not guarantee a similar outcome.