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How to File an Injury Lawsuit in New York
You can bring a lawsuit in order to seek compensation for injuries that were caused by the negligence of a third party.
Every personal injury case will be unique, and it is not possible for us to predict how the case will last.
However there are a few common legal landmarks that you must be aware of as the case moves through the system.
The Complaint
A lawsuit starts with a legal document known as the Complaint. It lists the legal claims you have, the damages you are seeking, and what the defendant(s) caused your injuries. It also contains a request for a trial date.
The complaint is filed before the court and is served to the defendants. They are given a deadline to submit an answer or a response. This is the time to claim to be defensible in the lawsuit, and also state their defenses. Your attorney can also include a counterclaim or third-party defendant in this instance.
Your lawyer will support his arguments by citing existing law (including laws and decisions, as well as other cases from the courts where your case is being dealt with and also cases from other jurisdictions). This assists the judge understand why they think that the defendant is liable for your injuries.
Then, we'll prepare then, we'll prepare a Bill of Particulars. It is legal document that details your injuries and their total cost, including the costs of medical expenses, lost wages and other monetary losses. We'll also prepare a demand for relief which describes the amount you are seeking. The demand is based upon the medical treatment that you received as well as any other evidence you gave to your lawyer. During the discovery phase which comprises the majority of the timeline for litigation, we will exchange information with the defendant by using different legal tools such as requests to admit interrogatories, requests for the production of documents. We can also depose experts and doctors.
The Notice of Claim
New York law has special rules that apply to municipal entities as well as other government agencies. These requirements include strict deadlines for the filing of a claim, as well as strict statutes of limitations within which a lawsuit can be brought. It is vital to consult an experienced attorney for injuries in these circumstances.
The first step in a claim against a municipality or governmental entity is filing a Notice of Claim. The document must be in written form and notarized. It identifies who is making the claim and gives enough details about the incident or accident to help the city agency understand who is accountable for damages or injuries, and who is responsible for losses. It also specifies the amount of the claim.
After the City receives this 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 might request additional information from you or from other sources. If you contact the city about your claim you will be asked to mention your claim number and the name of the investigator assigned to your case. The examiner will decide whether the City is liable for your damages and, if so, the amount to which you are entitled under the law. If you and the city are not able to reach an agreement then your case will go to trial.
The Discovery Phase
The Discovery Phase is a key part of any lawsuit because it allows you to obtain information and evidence from the opposing party. This can be done by a variety of methods by writing requests (called “discovery letters”) and subpoenas. This process of discovery will help you build 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 an experienced team of project managers who study the market and its competitors to identify the most recent trends, and the most effective solutions for your application.
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