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.
Each personal injury case is unique It is therefore impossible to determine for certain how long it will take to settle the matter.
There are some common landmarks in litigation that you must be aware as the case moves through the legal system.
The Complaint
A lawsuit starts with a legal document known as the Complaint. It outlines your legal claims, the damages you are seeking, and the way in which the defendant(s) caused your injuries. It also includes the request for a trial date.
The complaint is filed with the court and then served to the defendants. They are given a time limit to file an answer or other response. They will respond to the allegations and present their defenses. At this point, your attorney can also make a counterclaim, or a third-party defendant.
Your lawyer will be able to support their arguments by citing the existing law (including laws or decisions, as well as other cases from the courts where your case is currently being handled, as well as cases from other jurisdictions). This will help the judge understand why they think that the defendant is responsible for your injuries.
Then, we'll draft Then, we will prepare a Bill of Particulars. It is a legal document which details your injuries, their total cost, including medical bills, lost wage and other financial damages. We can also prepare an application for relief that will detail the compensation you're seeking. The demand is based upon the medical treatment you received as well as any other evidence you provided to your lawyer. During the discovery phase, which is the reason for the majority of the timeframe for lawsuits, we and the defendant will exchange information with the help of various legal tools such as requests for admissions, interrogatories and requests for the production of documents. We may also depose experts and doctors.
The Claim Notice
New York law imposes special rules for lawsuits against municipalities and other government entities. These rules include strict deadlines for the filing of a claim and strict statutes of limitations under which lawsuits can be brought. In these cases, it is important to seek out a reputable injury lawyer.
The first step in making a claim against a municipality or other government agency is to file a Notice of Claim. This document should be submitted in written form and notarized. It identifies the person making the claim, and contains enough details about the incident or accident to help the city's agency know who is responsible for damages or injuries, and who is responsible for losses. It also states a specific amount to which the claim is filed.
After the City has received 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 request additional information from you, or from other sources. If you contact the City about your claim, you will be asked to reference your claim number and the name of the investigator assigned to your case. The examiner will then determine whether the City is responsible for your losses and, if yes, the amount to which you are entitled under the law. If you and the city are unable to agree on a solution your case may be heard in court.
The Discovery Phase
The Discovery Phase is an important component of any lawsuit since it permits you to obtain details and evidence about the other party. You can do this through various methods such as written requests (called "discovery letters") and subpoenas. This discovery process will help you build an argument that is persuasive and help you be successful in your case.
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