How to File an Injury Lawsuit in New York

If you want compensation for an injury triggered by negligence of a third party, you may file a formal lawsuit.

Each personal injury case is unique It is therefore impossible to say for sure how long it will take to resolve the matter.

However there are some common legal landmarks 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 course of a lawsuit. It describes the legal rights you have, the damages that you want to recover, and how the defendant(s), caused your injuries. It also contains the request for a trial date.

The complaint is filed with the court and then served to the defendants. The defendants have a time limit to file an answer or a response. They will respond to the allegations and state their defenses. Your lawyer may also mention the counterclaim of a third-party defendant at this point.

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

Then, we'll prepare Then, we will 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 expenses, lost wages and other financial losses. We can also prepare an application for relief that describes the compensation you're seeking. The demand injury is based upon the medical treatment you received and any other evidence you have provided to your lawyer. During the discovery phase which is the majority of the litigation timeline we will share information with the defendant through various legal tools, such as requests to admit, interrogatories, and requests for the production of documents. We may also depose doctors and experts.

The Claim Notice

New York law has special rules in cases involving municipalities and other government entities. These rules include strict deadlines for the filing of a claim as well as strict statutes of limitations in which a lawsuit may be brought. It is crucial to consult an experienced injury lawyer in these instances.

The first step to file a claim against a municipality or another government entity is to file a Notice of Claim. The document must be in writing and notarized. It identifies the person who is making the claim and contains enough information about the accident or incident to let the city agency know who is accountable for the damages, injuries and losses. It also details the amount of the claim.

When the City receives the claim it will acknowledge receipt and assign a claim number to it. An examiner from the Comptroller's Office will be assigned to investigate your claim and could request additional information from you or other sources. Whenever you contact the City about your claim, you will be asked to reference your claim number and the name of the examiner assigned to your case. The examiner will determine if the City is responsible for your losses and, if so the amount you are entitled to under the law. If you and the city are unable to reach an agreement, your case may be heard in court.

The Discovery Phase

The Discovery Phase is a key part of any lawsuit because it allows you to obtain information and evidence from the opposing party. You can do this through a variety of methods such as written requests (called "discovery letters") and subpoenas. This discovery process can help you build a strong case to succeed in proving your case.

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