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How to File an Injury Lawsuit in New York

You can make a claim for compensation for injuries that were caused by the negligence of another party.

Every personal injury lawyer case is distinct and it's impossible to know how the case will last.

There are common signs in litigation that you need to be aware as the case moves through the court system.

The Complaint

A lawsuit begins with a legal document known as the Complaint. It outlines the legal claims you have, the damages you want to recover, and how the defendant(s), caused your injuries. It also includes the request for a trial date.

The complaint is filed in the court and served on the defendant(s). The defendants have a time limit for filing an answer or other response. This is when they contest the allegations in the lawsuit and provide their defenses. Your lawyer can also add the counterclaim of a third-party defendant at this point.

Your lawyer will support their argument by citing current law (including laws or decisions as well as cases from the courts in which your case is currently being handled, as well as cases from other jurisdictions). This helps the judge to understand why they think that the defendant is liable for your injuries.

Then, we'll 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 monetary damages. We will also prepare an application for relief that details the compensation that you are seeking. The demand is based upon the medical treatment you received and any other evidence you have provided to your lawyer. During the discovery stage which is the most of the time in litigation we will discuss information with the defendant using different legal tools such as admission requests interrogatories, requests for the production of documents. We could also depose doctors and experts.

The Notice of Claim

New York law has special rules that apply to municipal entities as well as other government entities. These rules contain strict deadlines for filing an action, and strict statutes that limit the time in which an action can be filed. It is essential to speak with an experienced injury lawyer in these situations.

The first step in making a claim against a municipality, or any other government entity is to file a Notice of Claim. The notice must be submitted in written form and notarized. It identifies who is submitting the claim and provides enough details about the accident incident to notify the city agency who is accountable for the damages, injuries and losses. It also states a specific amount to which the claim is made.

After the City receives this claim, it will acknowledge receipt and assign a claim number it. An examiner from the Comptroller's Office will be assigned to investigate your claim and could need additional information from you or other sources. When you contact the City about your claim you are asked to provide your claim number as well as the name of the investigator assigned to your case. The examiner will then determine whether the City is responsible for your losses and, if so the amount to which you are entitled under the law. If you and the city are unable to reach a settlement, your case may be tried in court.

The Discovery Phase

The Discovery Phase is an important element of any lawsuit since it permits you to obtain details and evidence about the other party. It can be done through various methods such as written requests (called "discovery letters") and subpoenas. This discovery process will help you create an argument that is strong and will be successful in your case.

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