How to File an Injury Lawsuit in New York

If you are seeking compensation for an injury sustained through the negligence of a third party you may start a lawsuit.

Each personal injury case is different and it is not possible to know for certain how long it will take to conclude the matter.

There are a few standard landmarks in litigation that you should be aware as the case moves through the legal system.

The Complaint

A lawsuit begins with a legal document called the Complaint. It outlines your legal claims as well as the damages you're seeking and lawyers how the defendant(s) caused your injuries. It also contains the request to set the date of trial.

The complaint is filed before the court and is served to the defendants. The defendants have a time limit for filing an answer or a response. They will then deny the allegations and outline their defenses. Your attorney can also include the counterclaim of a third-party defendant in this instance.

In the Complaint, your lawyer will cite existing law (including the laws and decisions of the courts in which the case is currently being handled as well as cases from different jurisdictions) in support of their arguments. This will help the judge understand why you believe the defendant is accountable for lawyers your injuries.

We'll then prepare a Bill of Particulars. This is legal document that details your injuries and their total expense, including the cost of medical bills, lost wages and other financial losses. We will also prepare a demand for relief which details the compensation you are seeking. The demand is based upon the medical treatment you received and any other evidence you provided to your lawyer. During the discovery phase which comprises the majority of the litigation timeline we will share information with the defendant through different legal tools, such as admission requests interrogatories, requests for the production of documents. We could also depose doctors and experts.

The Notice of Claim

New York law imposes special rules for cases involving municipalities and other governmental entities. These requirements include strict deadlines to file an action, as well as strict statutes that restrict the length of time during which an action can be filed. In these instances it is imperative to seek out a reputable injury lawyer.

The first step in filing a claim against any municipality or government entity is to make a notice of Claim. The document must be filed in writing and notarized. It identifies the person making the claim and provides enough information about the incident or accident to let the city's agency know who is responsible for any damages as well as losses. It also identifies the amount of the claim.

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 and may need additional information from you or other sources. When you contact the City about your claim you will be asked to mention your claim number and the name of the person assigned to your case. The examiner will then determine whether the City is responsible for your damages and, if it is, the amount to which you are entitled under the law. If you are unable to reach an agreement with the city the case will go to trial.

The Discovery Phase

The Discovery Phase is an important element of any lawsuit because it lets you gather information and evidence regarding the other party. It can be done through a variety of methods such as through written requests (called "discovery letters") and subpoenas. This discovery process can help you build a solid case and make your case successful.

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