How to File an Injury Lawsuit in New York
If you want to recover compensation for an injury caused by another party's negligence, you may bring a formal lawsuit.
Every personal injury case is different and it is difficult to know for certain how long it will take to resolve the issue.
However there are a few common legal landmarks that you should be aware of as the case moves through the system.
The Complaint
The Complaint is the first legal document that must be filed in a lawsuit. It describes the legal rights you have, the damages you seek, and how the defendant(s) caused your injuries. It also contains an request for a trial date.
The complaint is filed with the court and served to the defendants. The defendants are given a deadline to file an answer or other response. In this response, they will deny the allegations and state their defenses. At this moment, your attorney could also make a counterclaim, or a third-party defendant.
Your lawyer will support his arguments by citing existing law (including laws or decisions as well as cases from the courts where your case is being handled and also cases from other jurisdictions). This helps the judge to discern the reasons why the defendant is liable for your injuries.
We will then prepare then a Bill of Particulars. This is a legal document that will list your injuries and their total cost including medical bills, lost wage and other damages. We'll also draft 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 that you have provided to your attorney. During the discovery phase, which accounts for the majority of the timeframe for lawsuits, we and the defendant will exchange information through various legal tools such as interrogatories, requests for admissions and requests for production of documents. We can also depose doctors and experts.
The Notice of Claim
New York law has special rules for cases involving municipalities as well as other government entities. These rules include strict deadlines for the filing of claims and strict statutes of limitation in which lawsuits can be brought. It is critical to consult an experienced lawyer for injury in these cases.
The first step in filing a claim against any municipality or government entity is to make a notice of Claim. This document should be in written form and notarized. It identifies the individual who is making the claim. It also contains information about the accident or incident to inform the city agency who is responsible for the injuries, damages and losses. It also identifies a specific amount of the claim is made.
When the City receives this claim, it will acknowledge receipt and assign a claim number to it. An examiner from the Comptroller's Office will be assigned to examine your claim and need additional information from you or other sources. Whenever you contact the City about your claim, you are asked 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 they are the amount you are entitled to under the law. If you fail to reach an agreement with the city, your case will go to trial.
The Discovery Phase
The Discovery Phase is an important part of any lawsuit, because it allows you to gather information and evidence about the other party. It can be done through various methods which include written requests (called "discovery letters") and subpoenas. The process of discovery can help you create an argument that is strong and will win your case.
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