How to File an Injury Lawsuit in New York
If you want to recover compensation for an injury that was caused by negligence of a third party, you may start a lawsuit.
Every personal injury case is individual and therefore it is impossible to know how long the case will take.
There are a few standard landmarks in litigation that you need to be aware of as the case moves through the legal system.
The Complaint
A lawsuit begins with a legal document known as the Complaint. It outlines your legal claims, the damages you are seeking and how the defendant(s) caused your injuries. It also contains an request to establish a trial date.
The complaint is filed with the court and served on the defendant(s). They are given a deadline to respond with an answer or other response. Here they will deny the allegations and provide defenses. At this point, your attorney can also make a counterclaim, or a third-party defendant.
Your lawyer will be able to support his arguments by citing existing law (including laws and decisions, as well as other cases from the courts where your case is being handled and also cases from other jurisdictions). This will help the judge know why they believe the defendant is accountable for your injuries.
Then, we'll prepare an Bill of Particulars. It is an official document that outlines your injuries and their total expense, including the cost of medical bills, lost wages, and other monetary losses. We'll also prepare an order 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 have provided to your attorney. During the discovery phase, which makes up most of the lawsuit timeline, we and the defendant will exchange information using a variety of legal tools such as interrogatories, requests for admissions and requests for production of documents. We may also take depositions of doctors and experts.
The Notice of Claim
New York law has special rules for cases involving municipalities as well as other government agencies. These rules include strict deadlines for filing of a claim and strict statutes of limitation in which a lawsuit can be brought. It is crucial to consult an experienced attorney for injuries in these circumstances.
The first step in making a claim against a municipality or other governmental entity is filing a Notice of Claim. This document must be filed in written form and notarized. It identifies who is making the claim and includes enough details about the incident or accident to let the city agency understand who is responsible for any damages and injuries, as well as the loss. It also specifies the amount to which the claim is filed.
The City will acknowledge receipt of the claim and assign the claim a number. An examiner from the Comptroller's Office will be assigned to investigate your claim and could need additional information from you or other sources. If you contact the City about your claim, the city will require you to provide your claim number and name of the person who will be assigned to investigate your case. The examiner will then determine whether the City is liable for your losses and, if it is, the amount to which you are entitled under the law. If you and the city cannot reach a settlement the case could be heard in court.
The Discovery Phase
The Discovery Phase is an important part of any lawsuit, since it permits you to obtain information and evidence about the other party. This can be done through a variety of methods, including through written requests (called"discovery letters") and subpoenas. The process of discovery will help you build a strong case and be successful in your case.
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