Why All The Fuss Over Injury Lawyers?
How to File an Injury Lawsuit in New York
If you want compensation for an injury sustained through the negligence of a third party you may file a formal lawsuit.
Every personal injury case is unique and it is not possible to know for certain how long it will take to settle the matter.
However there are some typical legal landmarks you must be aware of as the case progresses through the system.
The Complaint
A lawsuit starts with a legal document known as the Complaint. It details the legal claims you have, the damages you are seeking, and what the defendant(s) caused your injuries. It also contains an application for an appointment for a trial.
The complaint is filed with the court and served on the defendant(s). The defendants have a time limit to file an answer or any other response. This is when they reject the allegations made in the lawsuit and state their defenses. At this point, your attorney can also add a counterclaim or a third-party defendant.
In the Complaint, your attorney will reference the existing law (including laws and decisions of the courts in which the case is currently being handled as well as cases from other jurisdictions) in support of their arguments. This assists the judge know why they believe the defendant is liable for your injuries.
Then, we'll prepare the Bill of Particulars. It is a legal document which details your injuries, their total cost including medical bills, lost wages as well as other damages. We'll also prepare a demand for relief that provides the compensation you're seeking. The demand is based on the medical treatment you received and any other evidence you provided to your lawyer. During the discovery stage which makes up the majority of the timeframe for litigation we will discuss information with the defendant by using different legal tools, such as admission requests interrogatories, as well as requests for the production of documents. We may also ask for the deposition of experts and doctors.
The Claim Notice
New York law imposes special guidelines for lawsuits against municipalities and other government entities. These rules contain strict deadlines to file claims, as well as strict statutes that restrict the time in which the lawsuit can be filed. In these situations it is crucial to speak with a reputable injury lawyer.
The first step in filing a claim against a municipality or government entity is to make a notice of Claim. The notice must be submitted in writing and notarized. It identifies the individual who is submitting the claim. It should also contain enough details about the accident incident to inform the city agency who is responsible for the damage, injuries and losses. It also specifies the amount of the claim.
The City will acknowledge receipt of the claim and assign it a claim number. A Comptroller's Office examiner will be assigned to investigate the claim. They could request additional information from you or from other sources. If you contact the City about your claim, the city will require you to provide your claim number and the name of the investigator assigned to your case. The examiner will determine if the City is responsible for your damages and, if it is it will determine the amount you're entitled to under the law. If you and the city cannot reach an agreement, your case may be tried in court.
The Discovery Phase
The Discovery Phase is an important element of any lawsuit because it lets you gather information and proof about the other party. This can be accomplished through many different ways that include written requests (called "discovery letters") and subpoenas. The process of discovery can help you build an argument that is convincing and make your case.
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