How to File an Injury Lawsuit in New York
If you want to recover compensation for an injury triggered through the negligence of a third party you can bring a formal lawsuit.
Each personal injury case is different It is therefore impossible to predict with certainty how long it will take to resolve the issue.
However, there are a few common legal landmarks that you must be aware of as the case moves through the court system.
The Complaint
A lawsuit begins by drafting a legal form called the Complaint. It describes the legal rights you have, the damages you are seeking, and what the defendant(s), caused your injuries. It also contains the request for an appropriate trial date.
The complaint is filed before the court and is served to the defendants. They have a particular deadline to respond with an answer or other response. They will then deny the allegations and outline their defenses. Your lawyer may also include a counterclaim or third-party defendant at this time.
In the Complaint, your lawyer will refer to the law in force (including laws and decisions of the courts where the case is currently being handled and cases from other jurisdictions) in support of their arguments. This will help the judge know why you believe the defendant is accountable for your injuries.
We'll then prepare a Bill of Particulars. This is an official document that lists your injuries as well as their total cost, including the expenses of medical bills, lost wages and other monetary losses. We will also prepare an order for relief that describes the amount you are seeking. The demand is based on the medical treatment that you received and any other evidence you gave to your lawyer. During the discovery stage which comprises the majority of the timeline for litigation, we will exchange information with the defendant using different legal tools such as requests for admission, interrogatories, and requests for the production of documents. We could also depose doctors and experts.
The Notice of Claim
New York law imposes special guidelines for lawsuits against municipalities and other governmental entities. These requirements include strict deadlines for filing of claims and strict statutes of limitations in which lawsuits can be brought. It is essential to speak with an experienced injury lawyer in these instances.
The first step to file a claim against a municipality or governmental entity is filing a Notice of Claim. The notice must be submitted in writing and notarized. It identifies the individual who is making the claim and contains enough details about the accident or 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 filed.
The City will acknowledge receipt of the claim and assign the claim a number. A Comptroller's Office examiner will be assigned to investigate the claim. They may request additional information from you or from other sources. If you contact the city about your claim, you are asked to provide your claim number and the name of the person assigned to your case. The examiner will determine whether the City is liable for your damages, and if so the amount you are entitled to under the law. If you are unable to reach an agreement with the city and the city, your case will go to trial.
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 by many different ways, including written requests (called "discovery letters") and subpoenas. injury law firm minneapolis of discovery can help you construct a solid case and succeed in proving your case.
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