How to File an Injury Lawsuit in New York

When you seek compensation for an injury caused by negligence of a third party, you may file a formal lawsuit.

Every personal injury Lawyers case is unique and it is impossible for Injury Lawsuit us to predict how long the case will take.

There are common signs in litigation that you must be aware of as the case moves through the court system.

The Complaint

A lawsuit begins by drafting a legal form called the Complaint. It lists your legal claims, the damages you are seeking, and the manner in which the defendant(s) caused your injuries. It also includes the request for a trial date.

The complaint is filed with the court and served to the defendants. The defendants have a date for filing an answer or other response. This is where they reject the allegations made in the lawsuit and provide their defenses. Your lawyer may also include an counterclaim or a third-party defendant at this time.

In the Complaint, the lawyer will refer to the law in force (including the laws and decisions of the courts in which the case is being processed as well as cases from different jurisdictions) to support their arguments. This assists the judge understand why they think that the defendant is liable for your injuries.

We will then draft a Bill of Particulars. This is a legal document that will list your injuries and the total cost of them, including medical bills, lost wages and other damages. We will also prepare an order for relief that describes the amount you are seeking. The demand is based on the medical treatment that you received as well as any other evidence you have provided to your lawyer. During the discovery phase, which is the reason for the majority of the timeline for lawsuits between us and the defendant will exchange information through various legal tools like interrogatories, admissions requests and requests for production of documents. We may also take depositions of doctors and experts.

The Claim Notice

New York law has special rules for cases involving municipalities as well as other government entities. These rules contain strict deadlines to file claims, as well as strict statutes that restrict the length of time during which a lawsuit may be filed. It is critical to consult an experienced lawyer for injury in these cases.

The first step to file an action against a municipality or another government agency is to file a Notice of Claim. The notice must be submitted in writing and notarized. It identifies the person who is making the claim and gives enough details about the incident or accident to let the city's agency know who is responsible for damages and injuries, as well as the loss. It also provides the amount of the claim.

The City will acknowledge receipt of the claim and assign it a claim number. A Comptroller's Office examiner will be assigned to investigate the claim. They could request additional information from you, or from other sources. When you contact the city about your claim, the city will ask you to provide your claim number and name of the investigator assigned your case. The examiner will determine whether the City is liable for your damages and, if yes, the amount to which you are entitled under the law. If you are unable reach an agreement with the city and the city, your case will go 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 other party. It can be done in a variety of ways that include written requests (called"discovery letters") and subpoenas. This process of discovery will help you create a strong argument and win your case.

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