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How to File an Injury Lawsuit in New York

If you are seeking compensation for an injury that was caused by negligence of a third party, you may make a formal claim.

Each personal injury case is different It is therefore impossible to predict with certainty how long it will take to conclude the issue.

However, there are a few common legal landmarks that you should be aware of as the case moves through the legal system.

The Complaint

A lawsuit starts with a legal document called the Complaint. It details the legal claims you have, the damages that you are seeking, and how the defendant(s), caused your injuries. It also includes a request to set a trial date.





The complaint is filed with the court and served to the defendants. They have a particular deadline to make an answer or another response. They will then deny the allegations and provide defenses. Your lawyer can also add the counterclaim of a third-party defendant at this point.

In the Complaint, your lawyer will reference existing law (including the laws and decisions of the courts in which the case is being processed as well as cases from different jurisdictions) in support of their arguments. This helps the judge discern why you believe the defendant is responsible for your injuries.

We will then draft a Bill of Particulars. This is a legal document which lists your injuries, their total costs, including medical bills, lost wages and other damages. We will also prepare an application for relief that describes the compensation you're 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 makes up the majority of the timeline for lawsuits between us and the defendant will exchange information using various legal tools like requests for admissions, interrogatories and requests for production of documents. We may also take depositions of experts and doctors.

The Notice of Claim

New York law has special rules in cases involving municipalities and other government entities. These rules contain strict deadlines for filing of a claim, as well as strict statutes of limitation in the circumstances where a lawsuit could be brought. In these situations it is imperative to speak with a reputable injury lawyer.

The first step in the process of claiming against a municipality or government agency is to file a Notice of Claim. The document must be in written form and notarized. It identifies the person who is submitting the claim. It also contains information about the accident or incident to let the city agency know who is responsible for the damages, injuries and losses. It also details the amount of the claim.

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 could request additional information from you, or from other sources. If you contact the city about your claim, the City will ask you to provide your claim number and details of the investigator assigned to your case. The examiner will determine if the City is responsible for your losses 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 be taken to trial.

The Discovery Phase

The Discovery Phase is a key aspect of any lawsuit because it permits you to obtain information and evidence from the opposing party. It can be done in a number of ways such as through written requests (called “discovery letters”) and subpoenas. This discovery process can help you build a solid case and make your case successful.

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