How to File an Injury Lawsuit in New York

When you seek compensation for an injury triggered by another party's negligence, you may file a formal lawsuit.

Every personal injury case is distinct and it's impossible for us to predict how the case will last.

There are some common landmarks in litigation that you need to be aware of as the case progresses through the court system.

The Complaint

A lawsuit starts by drafting a legal form called the Complaint. It outlines your legal claims, swwwwiki.coresv.net the damages you are seeking, and the manner in which the defendant(s) caused your injuries. It also includes an request to establish an appointment date for trial.

The complaint is filed with the court and served to the defendants. The defendants have a time limit to file an answer or any other response. This is when they claim to be defensible in the lawsuit and present their defenses. Your lawyer can also add an counterclaim or a third-party defendant at this point.

In the Complaint, your lawyer will cite existing law (including laws and decisions of the courts in which the case is being considered as well as cases from different jurisdictions) in support of their arguments. This helps the judge discern why you believe the defendant is responsible for your injuries.

We will then prepare Then, we will prepare a Bill of Particulars. This is a legal document that lists your injuries and their total expense, including the cost of medical bills, lost wages, and other financial losses. We will also draft an application for relief that will detail the compensation you're seeking. The demand is based upon the medical treatment you received as well as any other evidence you provided to your lawyer. During the discovery phase, which comprises most of the lawsuit timeline between us and the defendant will exchange information using various legal tools, including interrogatories, swwwwiki.coresv.net admissions requests and requests for production of documents. We may also be able to take depositions of experts and doctors.

The Claim Notice

New York law imposes special rules for lawsuits against municipalities and other government entities. These requirements include strict deadlines for filing of a claim and strict statutes of limitations under which a lawsuit can be filed. It is vital to consult an experienced injury lawyer in these situations.

The first step in filing a claim against any municipality or government entity is to file a Notice of Claim. This document must be filed in writing and notarized. It identifies 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 the damages and injuries, as well as the loss. It also provides a specific amount that the claim is made.

When the City receives the claim, it will acknowledge receipt and assign a claim number to it. A Comptroller's Office examiner will be assigned to investigate the claim. They could request additional information from you, or from other sources. If you contact the City about your claim, you will be asked to mention your claim number as well as the name of the person assigned to your case. The examiner will determine whether the City is responsible for your damages and, if so, the amount to which you are entitled under the law. If you fail to reach an agreement with the city your case will be taken to trial.

The Discovery Phase

The Discovery Phase is a key part of any lawsuit because it permits you to collect information and evidence from the opposing party. It can be done in a variety of ways that include written requests (called "discovery letters") and subpoenas. The process of discovery can help you construct a solid case and be successful in your case.

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