How to File an Injury Lawsuit in New York

You can make a claim for compensation for any injuries resulting from the negligence of another party.

Every personal injury case is unique and it is not possible to determine for certain how long it will take to resolve the issue.

There are a few standard landmarks in litigation that you need to be aware as the case progresses through the court system.

The Complaint

The Complaint is the first legal document to be filed in the case of a lawsuit. It lists your legal claims as well as the damages you're seeking, and the manner in which the defendant(s) caused your injuries. It also contains a request to set an appointment date for trial.

The complaint is filed with the court and served to the defendants. They are given a time limit to submit an answer or a response. This is where they deny the allegations in the lawsuit and present their defenses. Your attorney can also include a counterclaim or third party defendant at this time.

Your attorney will support their arguments by citing existing law (including laws or decisions, as well as other cases from the courts in which your case is being handled and also cases from other jurisdictions). This assists the judge understand why they think that the defendant is accountable for your injuries.

We'll then prepare a Bill of Particulars. It is a legal document that lists your injuries as well as their total cost, including the costs of medical bills, lost wages, and other financial losses. We will also prepare an order for relief that provides the compensation you're seeking. The demand is based on the medical treatment you received and other evidence that you have provided to your attorney. During the discovery phase which is the most of the time in litigation We will exchange information with the defendant through different legal tools, such as admission requests interrogatories and requests for the production of documents. We may also take depositions of experts and doctors.

The Claim Notice

New York law has special rules for cases involving municipalities as well as other government agencies. These requirements include strict deadlines to file claims, as well as strict statutes that limit the length of time during which the lawsuit can be filed. In these cases, it is important to consult a qualified injury attorneys lawyer.

The first step in bringing a claim against any municipality or government entity is to file a Notice of Claim. The document must be in writing and notarized. It identifies the person who is submitting the claim and provides enough details regarding the accident or incident to inform the city agency who is accountable for the damages, injuries and losses. It also states a specific amount of the claim is filed.

The City will acknowledge receipt of the claim and assign it a claim number. An examiner from the Comptroller's Office will be assigned to investigate your claim and may request additional information from you or other sources. When you contact the City regarding your claim, you will be asked to provide your claim number and the name of the examiner assigned to your case. The examiner will determine if City is accountable for your damages and, if they are the amount you are entitled to under the law. If you fail to reach an agreement with the city the case will go to trial.

The Discovery Phase

The Discovery Phase is an important aspect of any lawsuit since it permits you to obtain details and evidence about the other party. You can do this in a variety of ways such as through written requests (called"discovery letters") and subpoenas. This discovery process will help you create an argument that is strong and will make your case.

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