How to File an Injury Lawsuit in New York
You can bring a lawsuit in order to seek compensation for injuries caused by the negligence of a third party.
Each personal injury case is different and it is not possible to say for sure how long it will take to conclude the issue.
However there are some common litigation landmarks that you should be aware of as the case moves through the court system.
The Complaint
A lawsuit starts with a legal document called the Complaint. It details your legal rights as well as the damages you're seeking, and the manner in which the defendant(s) caused your injuries. It also contains an 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 submit an answer or a response. They will then deny the allegations and present their defenses. At this stage, your attorney may also file a counterclaim or a third-party defendant.
In the Complaint, your lawyer will refer to the law in force (including laws and decisions of the courts where the case is being processed, and cases from other jurisdictions) in support of their arguments. This will help the judge know why you believe the defendant is responsible for your injuries.
Then, we'll prepare the Bill of Particulars. This is a legal document that lists your injuries, their total cost including medical bills, lost wage and other damages. We'll also prepare a demand for relief which describes the amount you are seeking. The demand is dependent on the medical treatment you received and other evidence you have provided to your attorney. During the discovery stage, which takes up the majority of the litigation timeline we will discuss information with the defendant using different legal tools, like requests to admit interrogatories, as well as requests for the production of documents. We may also depose doctors and experts.
The Notice of Claim
New York law imposes special guidelines for lawsuits against municipalities and other government entities. These requirements include strict deadlines for filing claims, as well as strict statutes that restrict the time that a lawsuit can be filed. It is critical to consult an experienced lawyer for injury in these cases.
The first step to filing a claim against a municipality or government entity is to submit a Notice of Claim. This document must be filed in written form and notarized. It identifies the person making the claim, and contains enough details about the incident or accident to let the city agency know who is responsible for any damages and injuries, as well as the loss. It also provides the amount of the claim.
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 need additional information from you or other sources. If you contact the city about your claim you will be asked to mention your claim number and the name 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 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 element of any lawsuit since it permits you to obtain information and evidence from the other party. injury lawsuit cleveland can accomplish this in a variety of ways, including through written requests (called"discovery letters") and subpoenas. This process of discovery will assist you create an argument that is persuasive and help you succeed in proving your case.
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