How to File an Injury Lawsuit in New York

If you want to recover compensation for an injury that was caused by the negligence of another party, you can file a formal lawsuit.

Every personal injury case is different It is therefore impossible to know for certain how long it will take to conclude the matter.

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

The Complaint

The Complaint is the first legal document to be filed in the case of a lawsuit. It outlines the legal claims you have, the damages you seek, and what the defendant(s), caused your injuries. It also contains an application for the trial date.

The complaint is filed in court and served on the defendant(s). They have a specific deadline to submit an answer or a response. In this response, they will deny the allegations and provide defenses. At this point, your lawyer can also add a counterclaim or a third-party defendant.

Your attorney will support their arguments by citing the existing law (including laws, decisions, and other cases from the courts in which your case is being handled, as well as cases from other jurisdictions). This helps the judge to understand why you believe that the defendant is responsible for your injuries.

Then, we will prepare the Bill of Particulars. It is a legal document that will list your injuries and their total cost, including medical bills, lost wage and other financial damages. We'll also create an order for relief that describes the amount you are seeking. The demand is dependent on the medical treatment you received and other evidence you've provided to your attorney. During the discovery phase, which takes up the majority of the timeframe for injury litigation we will discuss information with the defendant using different legal tools, such as requests for admission interrogatories, requests for the production of documents. We may also take depositions of experts and doctors.

The Notice of Claim

New York law imposes special rules for cases against municipalities and other governmental entities. These requirements include strict deadlines to file an action, and strict statutes that restrict the time that a lawsuit may be filed. In these cases it is imperative to consult a qualified injury law firms lawyer.

The first step in a claim against a municipality, or any other government entity is to file a Notice of Claim. The document must be filed in writing and notarized. It identifies the person who is submitting the claim. It should also contain enough details about the accident incident to notify the city agency who is responsible for injury the damages, injuries and losses. It also details the amount of the claim.

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 examine your claim and need additional information from you or other sources. When you contact the city about your claim, the city will require you to provide your claim number and details of the investigator assigned to your case. The examiner will determine if City is responsible for your losses and, if they are the amount you are entitled to 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 an important aspect of any lawsuit as it allows you obtain information and evidence regarding the other party. This can be done through a variety of methods such as through written requests (called"discovery letters") and subpoenas. This discovery process will help you build an argument that is strong and will win your case.

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