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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 another party.
Every personal injury case is different and it is not possible to say for sure how long it will take to settle the issue.
However there are some typical legal landmarks you should be aware of as the case progresses through the court system.
The Complaint
The Complaint is the first legal document to be filed in the case of a lawsuit. It details your legal rights as well as the damages you're seeking and how the defendant(s) caused your injuries. It also includes a request for an appointment for a trial.
The complaint is filed with the court and served on the defendant(s). The defendants have a deadline for filing an answer or any other response. In this response, they will deny the allegations and outline their defenses. Your lawyer may also mention a counterclaim or third-party defendant in this instance.
Your attorney will back his arguments by citing existing law (including laws, decisions, and other cases from the courts in which your case is being handled and also cases from other jurisdictions). This helps the judge to understand why you believe that the defendant is accountable for your injuries.
We will then prepare then a Bill of Particulars. This is a legal document that lists the injuries you sustained and their total expense, including the cost of medical bills, lost wages and other monetary losses. We will also draft an application for relief which details the compensation that you are seeking. The demand is based upon the medical treatment you received and any other evidence you provided to your lawyer. During the discovery stage which comprises the most of the time in litigation we will discuss information with the defendant through different legal tools, such as admission requests interrogatories, requests for the production of documents. We can also depose doctors and experts.
The Claim Notice
New York law has special rules in cases involving municipalities and other government agencies. These rules contain strict deadlines for the filing of a claim, as well as strict statutes of limitations in the circumstances where a lawsuit could be brought. In these cases it is essential to seek out a reputable injury lawyers lawyer.
The first step in bringing a claim against any municipality or government entity is to make a notice of Claim. This document should be in written form and notarized. It clearly identifies the person making the claim, and contains enough details about the incident or accident to help the city agency know who is responsible for the damages as well as losses. It also identifies the amount of the claim.
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 and could need 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 details of the investigator assigned to your case. The examiner will determine if the City is responsible for your losses and, if it is it will determine the amount you're entitled to under the law. If you and the city are unable to reach a settlement, your case may go to trial.
The Discovery Phase
The Discovery Phase is a key aspect of any lawsuit because it permits you to collect information and evidence from the other party. You can accomplish this in a variety of ways, including through written requests (called"discovery letters") and subpoenas. The process of discovery can help you create an argument that is strong and will be successful in your case.
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