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How to File an Injury Lawsuit in New York
You can make a claim for compensation for injuries caused by the negligence of a third party.
Each personal injury case is unique, and it is not possible to know how long the case will take.
There are some common landmarks in litigation that you should be aware as the case moves through the system.
The Complaint
The Complaint is the first legal document to be filed in a lawsuit. It outlines your legal claims and the damages you are seeking and how the defendant(s) caused your injuries. It also includes an request for a trial date.
The complaint is filed before the court and is served to the defendants. They have a specific deadline to submit an answer or a response. They will then deny the allegations and state their defenses. At this moment, your attorney could also make a counterclaim, or a third-party defendant.
In the Complaint, your lawyer will cite existing law (including the laws and decisions of the courts where the case is being processed, and cases from other jurisdictions) in support of their arguments. This assists the judge comprehend why they believe that the defendant is liable for your injuries.
We will then draft the Bill of Particulars. This is a legal document which includes your injuries, their total cost, including medical bills, lost wages and other monetary damages. We'll also prepare a demand for relief which provides the compensation you're 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 share information with the defendant through different legal tools like requests to admit interrogatories and requests for the production of documents. We can also conduct depositions of experts and doctors.
The Notice of Claim
New York law imposes special rules for lawsuits against municipalities and other government entities. injury lawyer flower mound include strict deadlines for filing of a claim, as well as strict statutes of limitations in the circumstances where a lawsuit could be brought. In these instances it is imperative to seek out a reputable injury lawyer.
The first step in a claim against a municipality or government entity is to file a Notice of Claim. The notice must be submitted in written form and notarized. It identifies who is making the claim, and contains enough details about the incident or accident to let the city agency know who is accountable for damages and injuries, as well as the loss. It also identifies a specific amount to which the claim is made.
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 and could require additional information from you or other sources. When you contact the City about 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 determine if City is responsible for your damages and, if it is, what amount you are entitled to under the law. If you and the city are unable reach a settlement, your case may be heard in court.
The Discovery Phase
The Discovery Phase is an important part of any lawsuit, as it allows you obtain information and evidence about the other party. You can accomplish this through a variety of methods, including through written requests (called “discovery letters”) and subpoenas. This discovery process will help you build an argument that is strong and will succeed in proving your case.
The first step in the discovery phase is to study the market. This is performed by an experienced team of project managers who analyze the market and its competitors to determine the latest trends, as well as the best solutions for your application.
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