What Is Injury Lawyers And Why Is Everyone Speakin' About It? How to File an Injury Lawsuit in New York

When you seek compensation for an injury sustained by the negligence of another party, you can bring 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.

There are some common landmarks in litigation that you should be aware of as the case progresses through the court system.

The Complaint

A lawsuit begins with a legal document known as the Complaint. It outlines your legal claims and the damages you are seeking and how the defendant(s) caused your injuries. It also includes the request for an appointment date for trial.

The complaint is filed with the court and served to the defendants. They have a particular deadline to file an answer or other response. They will then deny the allegations and state their defenses. At this moment, your attorney could also add a counterclaim or a third-party defendant.

Your lawyer will support his arguments by citing existing law (including laws and decisions, as well as other cases from the courts where your case is currently being handled in addition to cases from other jurisdictions). This will help the judge to understand why you believe that the defendant is responsible for your injuries.

We'll then prepare the Bill of Particulars. This is a legal document which lists your injuries, their total cost including medical bills, lost wage and other monetary damages. We will also prepare an application for relief that provides the compensation you are seeking. The demand is based on the medical treatment you received and other evidence that you have provided to your attorney. During the discovery phase, which comprises the majority of the timeframe for lawsuits We and the defendant will exchange information with the help of various legal tools like requests for admissions, interrogatories and requests for production of documents. We may also depose experts and doctors.

The Claim Notice


New York law imposes special rules for cases involving municipalities and other government entities. These requirements include strict deadlines for filing an action, and strict statutes that restrict the time that the lawsuit can be filed. In these instances, it is important to speak with a reputable injury lawyer.

The first step in a claim against a municipality or government entity is to file a Notice of Claim. This document must be in writing and notarized. It identifies the individual who is submitting the claim. It should also contain enough details about the accident incident to notify the city agency who is accountable for the injuries, damages and losses. It also details the amount of the claim.

When the City receives this claim, it will acknowledge receipt and assign a claim number it. An examiner from the Comptroller's Office will be assigned to investigate your claim and could seek additional information from you or other sources. If you contact the city regarding your claim you will be asked to provide your claim number and the name of the investigator assigned to your case. The examiner will then determine whether the City is responsible for your losses and, if so the amount to which you are entitled under the law. If you're unable to reach an agreement with the city your case will be taken to trial.

The Discovery Phase

The Discovery Phase is an important element of any lawsuit because it lets you gather details and evidence about the other party. You can accomplish this by many different ways that include written requests (called "discovery letters") and subpoenas. This discovery process will help you create an argument that is convincing and be successful in your case.

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