How to File an Injury Lawsuit in New York
If you want to recover compensation for an injury triggered by negligence of a third party, you may make a formal claim.
Every personal injury case is unique, and it is impossible to say for sure how long it will take to resolve the issue.
However there are some common litigation landmarks that you should be aware as the case progresses through the court system.
The Complaint
A lawsuit begins with a legal document dubbed the Complaint. It outlines the legal claims you have, the damages that you want to recover, and how the defendant(s), caused your injuries. It also includes the request to set the date of trial.
The complaint is filed in the court and served on the defendant(s). They have a specific deadline to make an answer or another response. Here they will deny the allegations and provide defenses. At this stage, your attorney may also add a counterclaim as well as a third-party defendant.
In the Complaint, your lawyer will refer to the law in force (including laws and decisions of the courts where the case is being heard as well as cases from other jurisdictions) in support of their arguments. This will help the judge know why they believe the defendant is responsible for your injuries.
We will then prepare then, we'll prepare a Bill of Particulars. It is a legal document that lists the extent of your injuries and their amount, which includes the cost of medical expenses, lost wages and other financial losses. We can also prepare an application for relief that provides the amount you are seeking. The demand is based on the medical treatment that you received as well as any other evidence you gave to your lawyer. During the discovery phase, which makes up most of the lawsuit timeline between us and the defendant will exchange information with the help of various legal tools, including interrogatories, admissions requests and requests for the production of documents. We may also ask for the deposition of experts and doctors.
The Notice of Claim
New York law has special rules in cases involving municipalities and other government entities. These rules contain strict deadlines for filing claims, as well as strict statutes that restrict the length of time a lawsuit may be filed. In these cases it is crucial to seek out a reputable injury lawyer.
The first step to file a claim against a municipality or other government agency is to file a Notice of Claim. This document must be filed in writing and notarized. It identifies the person who is making the claim and provides enough information about the incident or accident to let the city's agency know who is accountable for damages as well as losses. It also identifies a specific amount to which the claim is made.
The City will acknowledge receipt of the claim and assign it a claim number. An examiner from the Comptroller's Office will be assigned to examine your claim and require additional information from you or other sources. When you contact the city regarding your claim, the city will require you to provide your claim number and the details of the investigator assigned to your case. The examiner will then 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 a settlement the case could go to trial.
The Discovery Phase
The Discovery Phase is a key aspect of any lawsuit because it allows you to obtain information and evidence from the other party. It can be done through a variety of methods such as written requests (called "discovery letters") and subpoenas. This process of discovery will help you build a strong case to succeed in proving your case.
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