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How to File an Injury Lawsuit in New York

You can start a lawsuit to seek compensation for injuries resulting from the negligence of a third party.

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

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 course of a lawsuit. It lists the legal claims you have, the damages 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 in the court and served on the defendant(s). The defendants are given a deadline to file an answer or another response. In this response, they will deny the allegations and state their defenses. At this point, your lawyer can also add a counterclaim as well as a third-party defendant.

Your attorney will back his arguments by citing existing law (including laws or decisions, as well as other cases from the courts where your case is being handled in addition to cases from other jurisdictions). This helps the judge to discern the reasons why the defendant is liable for your injuries.

Then, we'll prepare the Bill of Particulars. It is a legal document which includes your injuries, their total cost, including medical bills, lost wages and other monetary damages. We can also prepare an application for relief which describes the compensation you're seeking. The demand is dependent on the medical treatment you received as well as other evidence you've provided to your attorney. During the discovery phase, which takes up the majority of the timeframe for litigation We will exchange information with the defendant by using different legal tools, such as admission requests interrogatories, requests for the production of documents. We can also conduct depositions of experts and doctors.

The Claim Notice

New York law has special rules in cases involving municipalities and other government entities. These rules contain strict deadlines for the filing of claims and strict statutes of limitations in which lawsuits can be brought. It is crucial to consult an experienced lawyer for injury in these cases.

The first step in making a claim against a municipality or other government entity is to file a Notice of Claim. This document should be submitted in written form and notarized. It clearly identifies the person making the claim and gives enough details about the incident or accident to help the city's agency know who is responsible for 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. An examiner from the Comptroller's Office will be assigned to examine your claim and seek additional information from you or other sources. If you contact the city about your claim you will be asked to provide your claim number and the name of the person assigned to your case. The examiner will determine whether the City is responsible for your losses and, if it is, the amount to which you are entitled under the law. If you and the city are unable to agree on a solution your case may be tried in court.

The Discovery Phase


The Discovery Phase is an important aspect of any lawsuit because it allows you to gather information and evidence about the other party. It can be done in a variety of ways that include written requests (called “discovery letters”) and subpoenas. The process of discovery can help you create an argument that is persuasive and help you win your case.

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