How to File an Injury Lawsuit in New York
You can make a claim for compensation for injuries caused by the negligence of another party.
Each personal injury case is different and it is not possible to say for sure how long it will take to settle the issue.
There are a few common pitfalls in litigation that you should be aware of as the case moves through the court system.
The Complaint
A lawsuit begins by drafting a legal form called the Complaint. It outlines the legal claims you have, the damages that you are seeking, as well as how the defendant(s) caused your injuries. It also contains the request for an appropriate trial date.
The complaint is filed in court and served on the defendant(s). The defendants are given a deadline for filing an answer or other response. This is when they reject the allegations made in the lawsuit, and also state their defenses. At this stage, your attorney may also file a counterclaim or a third-party defendant.
In the Complaint, your attorney will reference existing law (including laws and decisions of the courts in which the case is being heard, and cases from other jurisdictions) in support of their arguments. This assists the judge discern the reasons why the defendant is accountable for your injuries.
We will then prepare the Bill of Particulars. It is a legal document which includes your injuries, their total cost, including medical bills, lost wage and other damages. We can also prepare an application for relief which provides the amount you're seeking. The demand is based on the medical treatment you received as well as other evidence that you have provided to your attorney. During the discovery phase, which comprises most of the duration of the lawsuit, we and the defendant will exchange information through various legal tools such as interrogatories, requests for admissions and requests for production of documents. We may also ask for the deposition of experts and doctors.
The Claim Notice
New York law has special rules that apply to municipal entities as well as other government entities. These rules contain strict deadlines for filing a claim, and strict statutes that limit the length of time a lawsuit can be filed. It is essential to speak with an experienced injury lawyer in these instances.
The first step in filing a claim against a municipality or government entity is to make a notice of Claim. This document should be submitted in written form and notarized. It identifies the individual who is making the claim and provides enough information about the accident or incident to let the city agency know who is accountable for the damages, injuries and losses. It also states a specific amount for which the claim is made.
After the City receives this claim it will acknowledge receipt and assign a claim number to it. An examiner from the Comptroller's Office will be assigned to investigate your claim. They may also require additional information from you or other sources. When you contact the city regarding your claim, the city will ask you to give your claim number as well as the name of the investigator assigned your case. The examiner will determine if the City is liable for your damages and, if it is the amount you are entitled to under the law. If you fail to reach an agreement with the city and the city, your case will go to trial.
The Discovery Phase
The Discovery Phase is an important aspect of any lawsuit as it allows you obtain information and evidence regarding the other party. injury attorney boulder can be done through a variety of methods, including through written requests (called"discovery letters") and subpoenas. This discovery process will help you build a strong case to make your case successful.
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