How to File an Injury Lawsuit in New York
If you are seeking compensation for an injury that was caused by the negligence of another party, you can start a lawsuit.
Every personal injury case is unique and it is difficult to predict with certainty how long it will take to conclude the matter.
There are a few standard landmarks in litigation that you need to be aware of as the case moves through the court system.
The Complaint
The Complaint is the first legal document that must be filed in the case of a lawsuit. It outlines the legal claims you have, the damages that you are seeking, as well as how the defendant(s), caused your injuries. It also includes an request to establish an appropriate 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. This is the time to reject the allegations made in the lawsuit and state their defenses. Your lawyer can also add a counterclaim or third party defendant in this instance.
In the Complaint, your lawyer will reference the existing law (including laws and decisions of the courts in which the case is currently being handled and cases from other jurisdictions) in support of their arguments. This will help the judge comprehend why they believe that the defendant is liable for your injuries.
Then, we'll draft the Bill of Particulars. It is an official document that outlines the injuries you sustained and their total amount, which includes the cost of medical bills, lost wages and other monetary losses. We can also prepare an application for relief which details the compensation that you are seeking. The demand is based on the medical treatment you received as well as any other evidence you provided to your lawyer. During injury law firm buena park which is the majority of the litigation timeline we will discuss information with the defendant through different legal tools, such as requests to admit, interrogatories, and requests for the production of documents. We can also depose experts and doctors.
The Claim Notice
New York law has special rules that apply to municipal entities as well as other government agencies. These rules contain strict deadlines for filing of a claim and strict statutes of limitations under which a lawsuit can be brought. It is crucial to consult an experienced lawyer for injury in these cases.
The first step to bringing a claim against any municipality or government entity is to submit a Notice of Claim. This document should be in written form and notarized. It identifies the person who is making the claim and contains enough information about the accident or incident to let the city agency know who is responsible for the damages, injuries and losses. It also specifies the amount of the claim is made.
The City will acknowledge receipt of the claim and assign it a claim number. An examiner from the Comptroller's Office will be assigned to investigate your claim and may request additional information from you or other sources. If you contact the city about your claim, the City will require you to give your claim number as well as the name of the investigator assigned your case. The examiner will determine whether the City is accountable for your damages and, if they are, what amount you are entitled to under the law. If you are unable reach an agreement with the city the case will go to trial.
The Discovery Phase
The Discovery Phase is a key part of any lawsuit because it permits you to collect information and evidence from the opposing party. You can do this by a variety of methods, including through written requests (called"discovery letters") and subpoenas. This process of discovery will help you to build an argument that is convincing and make your case.
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