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How to File an Injury Lawsuit in New York

You can make a claim for compensation for any injuries resulting from the negligence of another party.

Each personal injury case is different and it is difficult to predict with certainty how long it will take to conclude the issue.

However, there are a few commonly used legal terms that you should be aware as the case moves through the court system.

The Complaint

The Complaint is the first legal document that must be filed in a lawsuit. It details your legal rights and the damages you are seeking, and the way in which the defendant(s) caused your injuries. It also includes the request for the date of trial.

The complaint is filed with the court and then served to the defendants. They are given a deadline to respond with an answer or other response. Here they will deny the allegations and state 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 argument by citing current law (including laws, decisions, and other cases from the courts in which 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 accountable for your injuries.

We will then prepare the Bill of Particulars. This is legal document that details your injuries as well as their total cost, including the costs of medical expenses, lost wages and other losses in money. We can also prepare an application for relief that provides the amount you're seeking. The demand is based on the medical treatment you received as well as other evidence you have provided to your attorney. During the discovery stage which comprises the majority of the timeline for litigation we will share information with the defendant using different legal tools such as admission requests interrogatories, requests for the production of documents. We may also be able to take depositions of doctors and experts.

The Claim Notice

New York law has special rules for cases involving municipalities as well as other government agencies. These rules stipulate strict deadlines for filing an action, and strict statutes that limit the time that a lawsuit may be filed. In these instances it is essential to consult a qualified injury lawyer.

The first step to making a claim against a municipality or government entity is to file a Notice of Claim. This document must be in writing and notarized. It identifies who is making the claim. It should also contain enough details about the accident incident to notify the city agency who is accountable for the damage, injuries and losses. It also identifies a specific amount that the claim is filed.

After the City receives the claim, it will acknowledge receipt and assign a claim number to it. An examiner from the Comptroller's Office will be assigned to investigate your claim. They may also seek additional information from you or other sources. Whenever you contact the City regarding your claim, you will be asked to reference your claim number as well as the name of the person assigned to your case. The examiner will determine if City is liable for your damages, and if so the amount you are entitled to under the law. If you are unable reach an agreement with the city the case will go to trial.

The Discovery Phase


The Discovery Phase is a key part of any lawsuit because it permits you to obtain information and evidence from the other party. You can accomplish this in a variety of ways that include written requests (called"discovery letters") and subpoenas. injury attorney upland can help you create a strong case and be successful in your case.

The first step in the discovery phase is to study the market. This is carried out by a team of experienced project managers who research the market and its competitors to identify the most recent trends, the best possible solutions for your app and how to implement them efficiently.

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