How to File an Injury Lawsuit in New York
You can start a lawsuit to seek compensation for injuries that were caused by the negligence of another party.
Each personal injury case is unique It is therefore impossible to know 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 progresses through the system.
The Complaint
The Complaint is the first legal document that must be filed in the case of a lawsuit. It outlines the legal claims you have, the damages that you are seeking, as well as what the defendant(s) caused your injuries. It also contains an application for an initial trial date.
The complaint is filed in court and served on the defendant(s). The defendants have a deadline for filing an answer or other response. Here they will deny the allegations and present their defenses. Your attorney can also include a counterclaim or third party defendant at this point.
Your attorney will support their argument by citing current law (including laws or decisions, as well as other cases from the courts in which your case is being handled in addition to cases from other jurisdictions). This will help the judge understand why they think that the defendant is liable for your injuries.
Then, we'll prepare an Bill of Particulars. This is an official document that lists your injuries and their total amount, which includes the cost of medical expenses, lost wages and other losses in money. We'll also create a demand for relief that describes the amount you are seeking. The demand is dependent 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 duration of the lawsuit both the defendant and we will exchange information through various legal tools, including interrogatories, requests for admissions and requests for the production of documents. We may also be able to take depositions of experts and doctors.
The Notice of Claim
New York law imposes special rules for lawsuits against municipalities and other governmental entities. These rules include strict deadlines for filing a claim, and strict statutes that restrict the length of time a lawsuit may be filed. In these cases it is imperative to speak with a reputable injury lawyer.
The first step to making a claim against a municipality or government entity is to submit a Notice of Claim. This document should be in written form and notarized. It identifies the person who is making the claim and contains enough information about the accident or incident to notify the city agency who is responsible for the injuries, damages and losses. It also provides a specific amount to which the claim is made.
After the City has received 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 may ask for additional information from you or from other sources. If you contact the city about your claim, the City will ask you to provide your claim number and name of the investigator assigned 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 your case will be taken to trial.
The Discovery Phase
The Discovery Phase is a key part of any lawsuit because it permits you to obtain information and evidence from the opposing 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 to build an argument that is strong and will win your case.
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