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How to File an Injury Lawsuit in New York
If you want to recover compensation for an injury sustained by negligence of a third party, you can bring a formal lawsuit.
Each personal injury case will be unique, and it is not possible to know how long the case will take.
However there are some typical legal landmarks you should be aware as the case progresses through the legal system.
The Complaint
A lawsuit begins with a legal document called the Complaint. It details your legal rights, 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 then served to the defendants. They are given a time limit to submit an answer or a response. This is where they claim to be defensible in the lawsuit and provide their defenses. Your attorney can also include the counterclaim of a third-party defendant at this time.
In the Complaint, your attorney will refer to the law in force (including the laws and decisions of the courts in which the case is being heard and cases from other jurisdictions) to support their arguments. This helps the judge discern why you believe the defendant is accountable for your injuries.
Then, we'll draft a Bill of Particulars. It is a legal document that lists your injuries, their total cost including medical bills, lost wage and other damages. We will also prepare a demand for relief which details the compensation you are seeking. The demand is based on the medical treatment that you received as well as any other evidence you provided to your lawyer. During the discovery phase, which comprises most of the lawsuit timeline both the defendant and we will exchange information using a variety of legal tools, including interrogatories, requests for admissions and requests for production of documents. We may also be able to take depositions of doctors and experts.
The Claim Notice
New York law has special rules for cases involving municipalities as well as other government agencies. These rules include strict deadlines to file claims, as well as strict statutes that restrict the length of time during which a lawsuit may be filed. It is essential to speak with an experienced injury lawyer in these situations.
The first step in a claim against a municipality or government agency is to file a Notice of Claim. This document must be filed in writing and notarized. It identifies who is making the claim and contains enough details about the incident or accident to let the city's agency know who is responsible for any damages and injuries, as well as the loss. It also identifies a specific amount that the claim is made.
After the City has received the 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 could request additional information from you, or from other sources. If you contact the city about your claim, the city will require you to provide your claim number and the name of the investigator assigned to your case. The examiner will determine whether the City is liable for your damages, and if so, what amount you are entitled to under the law. If you and the city are unable reach an agreement your case may be heard in court.
The Discovery Phase
The Discovery Phase is an important element of any lawsuit because it lets you gather information and evidence about the other party. You can accomplish this in a variety of ways, including through written requests (called"discovery letters") and subpoenas. This discovery process will help you to build an argument that is convincing and succeed in proving your case.
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