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 bring a formal lawsuit.

Every personal injury case will be distinct and it's impossible to know how the case will last.

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

The Complaint

The Complaint is the first legal document that must be filed in the case of a lawsuit. It details the legal claims you have, the damages that you want to recover, and what the defendant(s), caused your injuries. It also includes an request for an initial trial date.

The complaint is filed with the court and then served to the defendants. They are given a deadline to respond with an answer or other response. Here they will deny the allegations and provide defenses. At this stage, your attorney may also file a counterclaim or a third-party defendant.

In the Complaint, the lawyer will refer to the law in force (including laws and decisions of the courts where the case is being heard, and cases from other jurisdictions) to support their arguments. This helps the judge to discern the reasons why the defendant is liable for your injuries.

Then, we'll draft the Bill of Particulars. It is a legal document that will list your injuries and the total cost of them, including medical bills, lost wage as well as other damages. We'll also prepare an application for injury lawsuit relief that provides the amount you are 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 stage, which takes up the majority of the timeframe for litigation we will discuss information with the defendant through various legal tools, like requests to admit interrogatories, as well as requests for the production of documents. We may also request depositions of experts and doctors.

The Notice of Claim

New York law has special rules that apply to municipal entities as well as other government entities. These rules stipulate strict deadlines for filing a claim, and strict statutes that restrict the length of time a lawsuit may be filed. It is vital to consult an experienced injury lawyer in these instances.

The first step in a claim against a municipality or other government agency is to file a Notice of Claim. This document should be submitted in writing and notarized. It identifies who is making the claim, and provides enough information about the incident or accident to help the city's agency know who is responsible for any damages and injuries, as well as the loss. It also identifies a specific amount for which 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 investigate your claim. They may also request additional information from you or other sources. Whenever you contact the City regarding your claim you will be asked to mention your claim number as well as the name of the investigator assigned to your case. The examiner will decide 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, your case will go to trial.

The Discovery Phase

The Discovery Phase is a key element of any lawsuit since it allows you to obtain information and evidence from the other party. You can do this through various methods that include written requests (called "discovery letters") and subpoenas. This discovery process will help you build an argument that is strong and win your case.

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