How to File an Injury Lawsuit in New York

When you seek compensation for an injury that was caused by another party's negligence, you can start a lawsuit.

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

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

The Complaint

A lawsuit begins by drafting a legal form called the Complaint. It describes your legal rights and the damages you are seeking, and the manner in which the defendant(s) caused your injuries. It also includes a request for a trial date.

The complaint is filed in court and served on the defendant(s). The defendants have a time limit to file an answer or other response. This is the time to deny the allegations in the lawsuit and state their defenses. Your lawyer may also mention a counterclaim or injury third-party defendant at this time.

Your attorney will back their arguments by citing existing law (including laws, decisions, and other cases from the courts where your case is being handled as well as cases from other jurisdictions). This helps the judge to discern the reasons why the defendant is accountable for your injuries.

We'll then prepare then a Bill of Particulars. This is a legal document that includes your injuries, their total cost including medical bills, lost wages and other monetary damages. We will also prepare an order for relief that details the compensation you are seeking. The demand is based on the medical treatment you received and any other evidence that you provide to your lawyer. During the discovery stage which makes up the majority of the timeframe for litigation We will exchange information with the defendant through various legal tools, such as requests to admit interrogatories, requests for the production of documents. We may also ask for the deposition of doctors and experts.

The Notice of Claim

New York law has special rules for cases involving municipalities as well as other government entities. These rules contain strict deadlines for filing claims, as well as strict statutes that limit the time in which a lawsuit can be filed. It is essential to speak with an experienced injury law firm lawyer in these situations.

The first step in filing a claim against a municipality or government entity is to file a Notice of Claim. The document must be filed in writing and notarized. It identifies the person making the claim and gives enough details about the incident or accident to help the city agency understand who is responsible for damages or injuries, and who is responsible for losses. It also specifies the amount to which the claim is made.

The City will acknowledge receipt of the claim and assign the claim a number. An examiner from the Comptroller's Office will be assigned to investigate your claim. They may also require additional information from you or other sources. If you contact the city about your claim you are asked to provide your claim number and the name of the examiner assigned to your case. The examiner will then determine 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 to reach an agreement with the city, your case will go to trial.

The Discovery Phase

The Discovery Phase is a key part of any lawsuit because it permits you to get information and evidence from the other party. You can do this through a variety of methods that include written requests (called "discovery letters") and subpoenas. The process of discovery can help you build a strong case to make your case successful.

The first step of the discovery phase is analyzing the market. This is accomplished by a team of experienced project managers who analyze the market and its competitors to identify the most recent trends, the most effective solutions for your app, and how to implement them efficiently.

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