How to File an Injury Lawsuit in New York
If you want compensation for an injury sustained by negligence of a third party, you can make a formal claim.
Every personal injury case is unique and it is difficult to know for certain how long it will take to settle the matter.
There are some common landmarks in litigation that you need to be aware of as the case moves through the court system.
The Complaint
A lawsuit starts with a legal document known as the Complaint. It describes the legal rights you have, the damages that you seek, 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. The defendants have a deadline for filing an answer or other response. This is the time to deny the allegations in the lawsuit, and also state their defenses. Your lawyer can also add a counterclaim or third-party defendant at this time.
In the Complaint, your lawyer will refer to the law in force (including laws and decisions of the courts in which the case is being heard as well as cases from other jurisdictions) to support their arguments. This helps the judge know why you believe the defendant is accountable for your injuries.
Then, we will prepare then, we'll prepare a Bill of Particulars. This is an official document that lists the injuries you sustained and their total cost, including the costs of medical expenses, lost wages and other losses in money. We'll also create a demand for relief which describes the amount you are seeking. The demand is based on the medical treatment that you received and any other evidence that you provide to your lawyer. During the discovery phase which makes up the most of the time in litigation We will exchange information with the defendant by using different legal tools, like requests to admit interrogatories, requests for the production of documents. We may also take depositions of experts and doctors.
The Notice of Claim
New York law imposes special guidelines for lawsuits against municipalities and other government entities. These rules include strict deadlines for filing an action, and strict statutes that limit the length of time during which a lawsuit can be filed. In these cases it is imperative to seek out a reputable injury lawyer.
The first step to file making a claim against a municipality, or any other government agency is to file a Notice of Claim. The document must be in writing and notarized. It identifies the individual who is making the claim. It should also contain enough details about the accident incident to let the city agency know who is responsible for the damage, injuries and losses. It also provides the amount of the claim.
After the City receives the claim, it will acknowledge receipt and assign a claim number it. A Comptroller's Office examiner will be assigned to investigate the claim. They could request additional information from you, or from other sources. If you contact the City about your claim, the City will ask you to give your claim number as well as the name of the investigator assigned to your case. The examiner will determine if City is accountable for your damages and, if they are the amount you are entitled to under the law. If you are unable to reach an agreement with the city and the city, your case will go to trial.
The Discovery Phase
The Discovery Phase is an important aspect of any lawsuit as it allows you obtain information and evidence regarding the other party. You can accomplish this through a variety of methods, including through written requests (called “discovery letters”) and subpoenas. The process of discovery can help you build a solid case and make your case successful.
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