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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 a third party.

Each personal injury case is individual and therefore it is impossible for us to predict how the case will last.

However there are a few commonly used legal terms that you should be aware as the case progresses through the system.

The Complaint

The Complaint is the first legal document to be filed in the course of a lawsuit. It details your legal rights and the damages you are seeking, and the manner in which the defendant(s) caused your injuries. It also contains an request to establish the date of trial.

The complaint is filed in court and served on the defendant(s). They are given a deadline to submit an answer or a response. This is where they claim to be defensible in the lawsuit and state their defenses. At this point, your lawyer can also file a counterclaim or a third-party defendant.

In the Complaint, your lawyer will reference existing law (including laws and decisions of the courts where the case is currently being handled as well as cases from different jurisdictions) to support their arguments. This will help the judge understand why they think that the defendant is liable for your injuries.

We will then prepare an Bill of Particulars. This is a legal document that includes your injuries, the total cost of them, including medical bills, lost wages and other financial damages. We'll also prepare an application for relief which will detail the compensation you are seeking. The demand is based upon the medical treatment you received and any other evidence you gave to your lawyer. During the discovery phase, which makes up most of the lawsuit timeline between us and the defendant will exchange information through various legal tools like requests for admissions, interrogatories and requests for the production of documents. We could also depose experts and doctors.

The Claim Notice

New York law has special rules for cases involving municipalities as well as other government entities. These rules contain strict deadlines for the filing of a claim, as well as strict statutes of limitations under the circumstances where a lawsuit could be filed. It is essential to speak with an experienced attorney for injuries in these circumstances.

The first step in bringing a claim against any municipality or government entity is to submit a Notice of Claim. The document must be in writing and notarized. It identifies the person making the claim and gives enough details about the incident or accident to let the city authority know who is responsible for any damages as well as losses. It also provides the amount of the claim.

After the City has received the claim it will acknowledge receipt and assign a claim number it. A Comptroller's Office examiner will be assigned to investigate the claim. They may ask for additional information from you or from other sources. Whenever you contact the City regarding 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 whether the City is liable for your damages and, if so then what amount you are entitled to under the law. If you are unable to reach an agreement with the city the case will go to trial.

The Discovery Phase

The Discovery Phase is an important aspect of any lawsuit because it lets you gather information and proof about the other party. This can be accomplished through a variety of methods that include written requests (called "discovery letters") and subpoenas. This discovery process will help you to build an argument that is persuasive and help you succeed in proving your case.

The first step of the discovery phase is analyzing the market situation. This is accomplished by a team of skilled project managers who study the market and competitors to determine its latest trends, the best possible solutions for your app, and how to implement them effectively.


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