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How to File an Injury Lawsuit in New York

You can start a lawsuit to seek compensation for injuries caused by the negligence of another party.

Each personal injury case is different and it is not possible to know for certain how long it will take to settle the issue.

There are a few common pitfalls in litigation that you need to be aware of as the case progresses through the system.

The Complaint

The Complaint is the first legal document that must be filed in the case of a lawsuit. It lists your legal claims and the damages you are seeking, and the manner in which the defendant(s) caused your injuries. It also contains the request for an appointment for a trial.

The complaint is filed with the court and served on the defendant(s). They are given a deadline to file an answer or other response. This is the time to contest the allegations in the lawsuit and provide their defenses. Your lawyer may also include a counterclaim or third-party defendant at this point.

In the Complaint, your lawyer will refer to the law in force (including laws and decisions of the courts in which the case is being considered and cases from other jurisdictions) to support their arguments. This will help the judge know why you believe the defendant is accountable for your injuries.

Then, we'll prepare the Bill of Particulars. It is an official document that outlines the injuries you sustained and their total expense, including the cost of medical bills, lost wages, and other losses in money. We'll also create an order for relief that provides the compensation you are seeking. The demand is based on the medical treatment you received and other evidence you've provided to your attorney. During the discovery stage, which takes up the most of the time in litigation We will exchange information with the defendant through various legal tools, like requests to admit interrogatories, requests for the production of documents. We may also take depositions of doctors and experts.





The Claim Notice

New York law imposes special rules for cases involving municipalities and other government entities. These rules include strict deadlines for filing of claims and strict statutes of limitation in the circumstances where a lawsuit could be filed. It is essential to speak with an experienced injury lawyer in these situations.

The first step to filing a claim against any municipality or government entity is to file a Notice of Claim. The notice must be submitted in writing and notarized. It identifies who is making the claim. It also contains details about the accident incident to let the city agency know who is responsible for the injuries, damages and losses. It also states a specific amount to which the claim is filed.

After the City has received the 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 may need additional information from you or other sources. When you contact the city regarding your claim, the city will ask you to provide your claim number and the name of the investigator assigned your case. The examiner will determine whether the City is liable for your damages and, if it is, the amount to which you are entitled under the law. If you're unable to reach an agreement with the city your case will be taken to trial.

The Discovery Phase

The Discovery Phase is an important component of any lawsuit because it allows you to gather information and evidence regarding the other party. This can be done in a variety of ways such as through written requests (called"discovery letters") and subpoenas. This process of discovery will help you create an argument that is persuasive and help you win your case.

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