How to File an Injury Lawsuit in New York
If you want compensation for an injury caused by the negligence of another party, you can make a formal claim.
Every personal injury case is distinct and it's impossible for us to predict how the case will last.
However there are a few commonly used legal terms that you should be aware as the case moves through the system.
The Complaint
The Complaint is the first legal document that must be filed in the case of a lawsuit. It details the legal claims you have, the damages that you are seeking, as well as how the defendant(s), caused your injuries. It also contains the request for the trial date.
The complaint is filed with the court and served on the defendant(s). The defendants are given a deadline for filing an answer or a response. They will then deny the allegations and state their defenses. At this point, your lawyer can also make a counterclaim, or a third-party defendant.
In the Complaint, the lawyer will cite existing law (including laws and decisions of the courts where the case is being considered and cases from other jurisdictions) to support their arguments. This helps the judge know why you believe the defendant is accountable for your injuries.
We will then prepare a Bill of Particulars. This is a legal document that includes your injuries, the total cost of them, including medical bills, lost wage and other financial damages. We will also prepare an application for relief that describes the compensation you are seeking. The demand is based on the medical treatment that you received and any other evidence you provided to your lawyer. During the discovery phase which is the majority of the litigation timeline, we will exchange information with the defendant using various legal tools, such as requests to admit interrogatories and requests for the production of documents. We could also depose experts and doctors.
The Claim Notice
New York law has special rules in cases involving municipalities and other government entities. These rules include strict deadlines for filing an action, and strict statutes that restrict the length of time an action can be filed. In these cases, it is important to seek out a reputable injury lawyer.
The first step to making a claim against a municipality or government entity is to make a notice of Claim. This document must be submitted in written form and notarized. It identifies the person who is making the claim and contains enough details about the accident incident to notify the city agency who is responsible for the damage, injuries and losses. It also specifies the amount to which the claim is filed.
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 might request additional information from you, or from other sources. When you contact the city regarding your claim, the City will ask you to provide your claim number and the details of the investigator assigned to your case. The examiner will determine whether the City is liable for your damages and, if they are the amount you are entitled to under the law. If you're unable to reach an agreement with the city the case will go 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. You can do this through a variety of methods such as through written requests (called"discovery letters") and subpoenas. The process of discovery can help you to build an argument that is strong and will be successful in your case.
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