How to File an Injury Lawsuit in New York

If you want compensation for an injury triggered by the negligence of another party, you can start a lawsuit.

Every personal injury case is unique and it is impossible to know how long the case will take.

There are some common landmarks in litigation that you must be aware as the case progresses through the legal system.

The Complaint

The Complaint is the first legal document to be filed in the case of a lawsuit. It lists the legal claims you have, the damages that you seek, and how the defendant(s) caused your injuries. It also includes a request to set the date of trial.

The complaint is filed with the court and then served to the defendants. The defendants have a deadline for filing an answer or other response. This is where they claim to be defensible in the lawsuit and injury provide their defenses. At this point, your attorney can also make a counterclaim, or a third-party defendant.

Your lawyer will support their arguments by citing existing law (including laws or decisions as well as cases from the courts in which your case is being dealt with as well as cases from other jurisdictions). This will help the judge understand why they think that the defendant is liable for your injuries.

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

The Claim Notice

New York law has special rules for cases involving municipalities and other government agencies. These requirements include strict deadlines to file claims, as well as strict statutes that limit the time in which an action can be filed. It is crucial to consult an experienced injury law firm lawyer in these instances.

The first step to bringing a claim against any municipality or government entity is to submit a Notice of Claim. This document must be in written form and notarized. It identifies the person who is making the claim and gives enough details about the incident or accident to help the city authority know who is responsible for any damages and injuries, as well as the loss. It also specifies the amount of the claim.

After the City receives the claim, it will acknowledge receipt and assign a claim number to it. A Comptroller's Office examiner will be assigned to investigate the claim. They may ask for additional information from you or from other sources. When you contact the city about your claim, the city will require you to give your claim number as well as the name of the investigator assigned 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 and the city are unable to come to an agreement the case could be tried in court.

The Discovery Phase

The Discovery Phase is an important element of any lawsuit as it allows you obtain information and evidence about the other party. This can be accomplished through various methods, including written requests (called "discovery letters") and subpoenas. This process of discovery will assist you to build an argument that is persuasive and help you make your case.

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