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 another party.
Each personal injury case is different and it is difficult to determine for certain how long it will take to conclude the matter.
There are some common landmarks in litigation that you need to be aware of as the case moves through the system.
The Complaint
A lawsuit starts with a legal document known as the Complaint. It describes your legal rights, the damages you are seeking and how the defendant(s) caused your injuries. It also contains the request for the trial date.
The complaint is filed in the court, and then served to the defendants. They have a particular deadline to make an answer or another response. This is where they reject the allegations made in the lawsuit and state their defenses. At this moment, your attorney could also add a counterclaim as well as a third-party defendant.
In the Complaint, your attorney will reference 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 helps the judge to know why they believe the defendant is responsible for your injuries.
Then, we'll prepare the Bill of Particulars. It is a legal document that lists the extent of your injuries and their amount, which includes the cost of medical bills, lost wages, and other monetary losses. We will also draft an application for relief that will detail the compensation you are 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 most of the lawsuit timeline We and the defendant will exchange information through various legal tools like interrogatories, requests for admissions and requests for production of documents. We may also request depositions of doctors and experts.
The Notice of Claim
New York law imposes special rules for cases involving municipalities and other governmental entities. These requirements include strict deadlines for the filing of a claim, as well as strict statutes of limitation in the circumstances where a lawsuit could be filed. In these instances it is crucial to seek out a reputable injury lawyer.
The first step in filing a claim against any municipality or government entity is to submit a Notice of Claim. This document must be in writing and notarized. It identifies the individual who is submitting the claim and provides enough details regarding the accident or incident to notify the city agency who is accountable for the injuries, damages and losses. It also identifies a specific amount that the claim is filed.
After the City has received this claim, it will acknowledge receipt and assign a claim number it. An examiner from the Comptroller's Office will be assigned to investigate your claim and may seek additional information from you or other sources. Whenever you contact the City regarding your claim, you will be asked to reference your claim number and the name of the examiner assigned to your case. The examiner will determine whether the City is liable for your damages and, if so 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 an important part of any lawsuit, because it allows you to gather details and evidence about the other party. It can be done through different methods such as written requests (called "discovery letters") and subpoenas. This discovery process can help you build an argument that is strong and win your case.
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