How to File an Injury Lawsuit in New York

If you want compensation for an injury caused through the negligence of a third party you can file a formal lawsuit.

Every personal injury case will be unique, and it is not possible to know how the case will last.

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

The Complaint

The Complaint is the first legal document that must be filed in the event of a lawsuit. It lists the legal claims you have, the damages that you are seeking, as well as what the defendant(s) caused your injuries. It also includes the request for an appointment date for trial.

The complaint is filed with the court and then served to the defendants. They have a particular deadline to file an answer or other response. They will respond to the allegations and outline their defenses. At this point, your lawyer can also make a counterclaim, or a third-party defendant.

Your attorney will back their arguments by citing the existing law (including laws or injuries decisions as well as cases from the courts where your case is being dealt with, as well as cases from other jurisdictions). This helps the judge know why you believe the defendant is responsible for your injuries.

We will then prepare a Bill of Particulars. This is a legal document which lists your injuries, injuries the total cost of them, including medical bills, lost wages and other financial damages. We will also draft an application for relief which provides the amount you're seeking. The demand is dependent on the medical treatment you received and other evidence that you have provided to your attorney. During the discovery stage, which takes up the majority of the litigation timeline we will discuss information with the defendant by using different legal tools like requests to admit interrogatories and requests for the production of documents. We may also ask for the deposition of experts and doctors.

The Claim Notice

New York law has special rules in cases involving municipalities and other government entities. These requirements include strict deadlines for the filing of claims and strict statutes of limitation in which lawsuits can be brought. In these situations it is essential to speak with a qualified injury lawyer.

The first step to file an action against a municipality or other government entity is to file a Notice of Claim. The document must be filed in written form and notarized. It identifies the individual who is making the claim and provides enough information about the accident or incident to notify the city agency who is responsible for the injuries, damages and losses. It also states a specific amount that 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 and may seek additional information from you or other sources. If you contact the city regarding your claim, the city will ask you to provide your claim number and name of the investigator assigned to your case. The examiner will then determine whether the City is responsible for your losses and, if it is, the amount to which you are entitled under the law. If you and the city are not able to agree on a solution your case may be tried in court.

The Discovery Phase

The Discovery Phase is an important part of any lawsuit, because it allows you to gather information and proof about the other party. It can be done through different methods, including written requests (called "discovery letters") and subpoenas. This discovery process will help you build a strong argument and make your case.

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