How to File an Injury Lawsuit in New York

When you seek compensation for an injury lawsuits that was caused by negligence of a third party, you may bring a formal lawsuit.

Every personal injury case is unique and it is not possible to say for sure how long it will take to resolve the matter.

There are a few standard landmarks in litigation that you must be aware of as the case progresses through the system.

The Complaint

A lawsuit starts with a legal document known as the Complaint. It lists the legal claims you have, the damages you are seeking, Injury Lawsuit as well as what the defendant(s), caused your injuries. It also includes the request for an appointment date for trial.

The complaint is filed with the court and served to the defendants. The defendants are given a deadline for filing an answer or other response. Here they will deny the allegations and outline their defenses. Your attorney can also include an counterclaim or injuries a third-party defendant at this point.

In the Complaint, your attorney will cite existing law (including the laws and decisions of the courts where the case is being processed, and cases from other jurisdictions) in support of their arguments. This helps the judge to understand why they think that the defendant is responsible for your injuries.

We will then prepare an Bill of Particulars. This is a legal document which includes your injuries, their total costs, including medical bills, lost wage as well as other damages. We'll also draft an order for relief that provides the compensation you're seeking. The demand is based on the medical treatment you received as well as other evidence that you have provided to your attorney. During the discovery phase, which accounts for most of the duration of the lawsuit both the defendant and we will exchange information with the help of various legal tools like interrogatories, admissions requests and requests for production of documents. We may also take depositions of experts and doctors.

The Notice of Claim

New York law has special rules in cases involving municipalities and other government entities. These rules stipulate strict deadlines for the filing of a claim and strict statutes of limitation in the circumstances where a lawsuit could be brought. It is crucial to consult an experienced attorney for injuries in these circumstances.

The first step to making a claim against a municipality or government entity is to file a Notice of Claim. This document should be submitted in writing and notarized. It identifies the person who is making the claim, and includes enough details about the incident or accident to help the city's agency know who is responsible for damages and injuries, as well as the loss. It also identifies a specific amount of the claim is made.

Once the City has received the claim it will acknowledge receipt and assign a claim number it. An examiner from the Comptroller's Office will be assigned to examine your claim and need additional information from you or other sources. Whenever you contact the City regarding your claim you are asked to provide your claim number and the name of the investigator assigned to your case. The examiner will determine whether the City is responsible for your losses and, if so the amount to which you are entitled under the law. If you are unable reach an agreement with the city your case will be taken to trial.

The Discovery Phase

The Discovery Phase is an important component of any lawsuit because it lets you gather information and evidence about the other party. You can do this through a variety of methods, including written requests (called "discovery letters") and subpoenas. The process of discovery can help you create an argument that is strong and will be successful in your case.

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