How to File an Injury Lawsuit in New York

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

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

However there are a few common litigation landmarks that you should be aware as the case moves through the legal system.

The Complaint

A lawsuit starts with a legal document dubbed the Complaint. It outlines your legal claims, the damages you are seeking and how the defendant(s) caused your injuries. It also contains a request for an appointment for a trial.

The complaint is filed in the court and served on the defendant(s). They have a specific deadline to file an answer or other response. This is where they claim to be defensible in the lawsuit and provide their defenses. At this moment, your attorney could also make a counterclaim, or a third-party defendant.

In the Complaint, your lawyer will refer to the law in force (including the laws and decisions of the courts in which the case is being considered as well as cases from different jurisdictions) in support of their arguments. This will help the judge know why they believe the defendant is accountable for your injuries.

We will then prepare a Bill of Particulars. It is a legal document which will list your injuries and their total cost including medical bills, lost wages and other financial damages. We'll also draft an order for relief that details the compensation you are seeking. The demand is based upon the medical treatment you received and any other evidence that you provide to your lawyer. During the discovery phase which is the majority of the timeline for litigation, we will exchange information with the defendant by using different legal tools, such as admission requests, interrogatories, and requests for injuries the production of documents. We may also ask for the deposition of doctors and experts.

The Claim Notice

New York law has special rules that apply to municipal entities as well as other government agencies. These rules include strict deadlines for filing of a claim, as well as strict statutes of limitation in which lawsuits can be filed. In these instances it is essential to consult a qualified injury lawyer.

The first step in filing a claim against a municipality or government entity is to submit a Notice of Claim. This document must be submitted in written form and notarized. It identifies the person who is making the claim. It should also contain enough details about the accident or incident to let the city agency know who is accountable for the damages, injuries and losses. It also provides a specific amount of the claim is filed.

Once the City has received the claim, it will acknowledge receipt and assign a claim number it. A Comptroller's Office examiner will be assigned to investigate the claim. They may request additional information from you, or from other sources. If you contact the city about your claim, the city will require you to provide your claim number and the name of the person who will be assigned to investigate your case. The examiner will determine whether the City is responsible for your damages and, if they are, what amount you are entitled to 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 aspect of any lawsuit because it permits you to get information and evidence from the other party. This can be done in a number of ways such as through written requests (called "discovery letters") and subpoenas. This discovery process will help you to build a strong argument and win your case.

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