How to File an Injury Lawsuit in New York
You can file a lawsuit to seek compensation for injuries caused by the negligence of another party.
Each personal injury case is distinct and it's impossible to know how the case will last.
However there are a few typical legal landmarks you should be aware of as the case progresses through the legal system.
The Complaint
The Complaint is the first legal document to be filed in the event of a lawsuit. It describes your legal rights and the damages you're seeking and how the defendant(s) caused your injuries. It also includes the request to set the date of trial.
The complaint is filed in court and served on the defendant(s). They have a particular deadline to respond with an answer or other response. In this response, they will deny the allegations and outline their defenses. Your lawyer can also add an counterclaim or a third-party defendant at this time.
In the Complaint, the lawyer will reference the existing law (including the laws and decisions of the courts in which the case is being processed as well as cases from other jurisdictions) to support their arguments. This assists the judge comprehend why they believe that the defendant is accountable for your injuries.
Then, we'll prepare then a Bill of Particulars. It is a legal document which details your injuries, their total cost, including medical bills, lost wages as well as other damages. We can also prepare an application for relief that will detail the compensation you are seeking. The demand is dependent on the medical treatment you received as well as other evidence you've provided to your attorney. During the discovery stage which makes up the majority of the timeframe for litigation, we will exchange information with the defendant by using various legal tools, such as requests to admit interrogatories and requests for the production of documents. We may also request depositions of doctors and experts.
The Notice of Claim
New York law has special rules in cases involving municipalities and other government agencies. These requirements include strict deadlines for the filing of a claim as well as strict statutes of limitation in which a lawsuit may be filed. In these instances it is essential to seek out a reputable injury lawyer.
The first step to file an action against a municipality, or any other governmental entity is filing a Notice of Claim. The notice must be submitted in writing and notarized. It identifies the person who is making the claim and provides enough details regarding the accident or incident to inform the city agency who is responsible for the damages, injuries and losses. It also identifies the amount of the claim.
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 and could need additional information from you or other sources. If you contact the City regarding your claim you are asked to provide your claim number as well as the name of the investigator assigned to your case. The examiner will determine whether the City is responsible for your damages and, if they are it will determine the amount you're entitled to under the law. If you are unable to reach an agreement with the city and the city, your case will go to trial.
The Discovery Phase
The Discovery Phase is an important part of any lawsuit, because it lets you gather information and evidence regarding the other party. This can be accomplished through a variety of methods which include written requests (called "discovery letters") and subpoenas. The process of discovery will help you build an argument that is strong and make your case successful.
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