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Injury Lawyers Tips That Will Change Your Life
How to File an Injury Lawsuit in New York

You can start a lawsuit to seek compensation for any injuries resulting from the negligence of a third party.

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

However there are some commonly used legal terms that you must be aware of as the case progresses through the court system.

The Complaint

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

The complaint is filed before the court and is served to the defendants. They have a particular deadline to file an answer or other response. Here they will deny the allegations and provide defenses. Your lawyer can also add a counterclaim or third party defendant at this point.


In the Complaint, your lawyer will cite existing law (including laws and decisions of the courts where the case is being considered and cases from other jurisdictions) to support their arguments. This helps the judge know why you believe the defendant is accountable for your injuries.

We'll then prepare the Bill of Particulars. It is a legal document which includes your injuries, their total cost, including medical bills, lost wage and other financial damages. We will also prepare a demand for relief which provides the compensation you're seeking. The demand is based on the medical treatment you received as well as other evidence you've provided to your attorney. During the discovery phase which makes up the majority of the timeline for litigation We will exchange information with the defendant by using different legal tools like requests to admit interrogatories, requests for the production of documents. We may also depose experts and doctors.

The Claim Notice

New York law imposes special guidelines for lawsuits against municipalities and other governmental entities. These requirements include strict deadlines to file claims, as well as strict statutes that limit the length of time the lawsuit can be filed. In these situations it is crucial to consult a qualified injury lawyer.

The first step in making a claim against a municipality or another government agency is to file a Notice of Claim. The notice must be submitted in written form and notarized. It identifies the person making the claim and gives enough details about the incident or accident to let the city authority know who is responsible for any damages or injuries, and who is responsible for losses. It also identifies a specific amount for 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 examine your claim and request additional information from you or other sources. When you contact the City regarding your claim, you will be asked to provide your claim number as well as the name of the investigator assigned to your case. The examiner will decide whether the City is liable for your losses and, if it is, the amount to which you are entitled under the law. If you fail to 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 collect information and evidence from the opposing party. It can be done through a variety of methods such as through written requests (called “discovery letters”) and subpoenas. This process of discovery will assist you to build a strong argument and make your case.

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