How to File an Injury Lawsuit in New York
If you are seeking compensation for an injury that was caused by another party's negligence, you can file a formal lawsuit.
Every personal injury case is distinct and it's impossible for us to predict how long the case will take.
However there are a few common litigation landmarks that you should be aware of as the case progresses through the system.
The Complaint
The Complaint is the first legal document to be filed in the case of a lawsuit. It outlines the legal claims you have, the damages that you seek, and how the defendant(s), caused your injuries. It also includes an request to establish an appropriate trial date.
The complaint is filed before the court and is served to the defendants. The defendants are given a deadline for filing an answer or another response. Here they will deny the allegations and state their defenses. Your lawyer can also add a counterclaim or third party defendant at this point.
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 dealt with and also cases from other jurisdictions). This helps the judge to understand why you believe that the defendant is accountable for your injuries.
Then, we'll prepare a Bill of Particulars. It is a legal document which details your injuries, their total cost, including medical bills, lost wage as well as other damages. We'll also draft an application for relief that provides the compensation you're seeking. The demand is based on the medical treatment you received as well as other evidence you've provided to your attorney. During the discovery phase which comprises the majority of the litigation timeline we will share information with the defendant by using different legal tools, such as admission requests interrogatories, requests for the production of documents. We may also be able to take depositions of doctors and experts.
The Claim Notice
New York law imposes special rules for lawsuits against municipalities and other government entities. These requirements include strict deadlines to file an action, and strict statutes that limit the time in which a lawsuit can be filed. It is crucial to consult an experienced injury lawyer in these situations.
The first step to bringing a claim against any municipality or government entity is to make a notice of Claim. This document must be in writing and notarized. It identifies the person who is submitting the claim. It should also contain enough details regarding the accident or incident to inform the city agency who is responsible for the damage, injuries and losses. It also states a specific amount for which the claim is made.
Once the City has received 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, the City will ask you to give your claim number as well as the name of the person who will be assigned to investigate your case. The examiner will then decide whether the City is liable for your losses and, if yes, the amount to which you are entitled under the law. If you are unable 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 get information and evidence from the other party. It can be done through different methods that include written requests (called "discovery letters") and subpoenas. injury lawyer burbank can help you construct a solid case and make your case successful.
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