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A Step-By-Step Guide To Injury Lawyers From Beginning To End
How to File an Injury Lawsuit in New York

When you seek compensation for an injury that was caused by negligence of a third party, you can start a lawsuit.

Every personal injury case will be individual and therefore it is impossible to know how the case will last.

There are a few common pitfalls in litigation that you must be aware as the case progresses through the court system.

The Complaint

The Complaint is the first legal document to be filed in the event of a lawsuit. It outlines the legal claims you have, 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 with the court and served to the defendants. They have a particular deadline to file an answer or other response. Here they will deny the allegations and outline their defenses. At this point, your attorney can also file a counterclaim or a third-party defendant.

Your attorney will support their arguments by citing existing law (including laws or decisions, as well as other cases from the courts where your case is being dealt with in addition to cases from other jurisdictions). This helps the judge to understand why you believe that the defendant is accountable for your injuries.

Then, we will prepare then, we'll prepare a Bill of Particulars. It is a legal document that will list your injuries and their total costs, including medical bills, lost wages as well as other damages. We'll also create an order for relief that provides the compensation you are seeking. The demand is dependent on the medical treatment you received as well as other evidence that you have provided to your attorney. During the discovery phase, which makes up most of the lawsuit timeline between us and the defendant will exchange information using various legal tools like requests for admissions, interrogatories and requests for production of documents. We may also depose doctors and experts.

The Claim Notice

New York law has special rules that apply to municipal entities as well as other government entities. These requirements include strict deadlines for filing an action, and strict statutes that restrict the length of time during which an action can be filed. In these instances it is essential to consult a qualified injury lawyer.

The first step to file an action against a municipality or other government agency is to file a Notice of Claim. This document must be in written form and notarized. It identifies the individual who is submitting the claim and contains enough details about the accident incident to inform the city agency who is responsible for the injuries, damages and losses. It also provides the amount of the claim.

The City will acknowledge receipt of the claim and assign the claim a number. A Comptroller's Office examiner will be assigned to investigate the claim. They may request additional information from you or from other sources. When you contact the City regarding your claim, you will be asked to mention your claim number and the name of the examiner assigned to your case. The investigator will determine if the City is liable for your damages and, if it is the amount you are entitled to under the law. If you're unable to reach an agreement with the city and the city, your case will go to trial.

The Discovery Phase

The Discovery Phase is a key element of any lawsuit since it permits you to collect information and evidence from the opposing party. You can do this through various methods such as written requests (called "discovery letters") and subpoenas. The process of discovery can help you build an argument that is convincing and be successful in your case.


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