How to File an Injury Lawsuit in New York
You can bring a lawsuit in order to seek compensation for any injuries resulting from the negligence of another party.
Every personal injury case is unique It is therefore impossible to say for sure how long it will take to settle the issue.
However there are some common litigation landmarks that you must be aware of as the case moves through the system.
The Complaint
The Complaint is the first legal document to be filed in the event of a lawsuit. It outlines the legal claims you have, the damages that you want to recover, and what the defendant(s) caused your injuries. It also contains an application for a trial date.
The complaint is filed with the court and served on the defendant(s). They have a specific deadline to file an answer or other response. This is where they claim to be defensible in the lawsuit and state their defenses. At this point, your attorney can also file a counterclaim or a third-party defendant.
In the Complaint, your lawyer will refer to the law in force (including the laws and decisions of the courts in which the case is being processed, and cases from other jurisdictions) to support their arguments. This helps the judge know why you believe 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 wages as well as other damages. We can also prepare an application for relief which will detail the compensation you are seeking. The demand is based on the medical treatment you received and any other evidence you gave to your lawyer. During the discovery phase which comprises the majority of the timeframe for litigation we will share information with the defendant using different legal tools such as requests for admission interrogatories, as well as 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 and other government entities. These rules include strict deadlines to file an action, as well as strict statutes that restrict the length of time a lawsuit may be filed. It is essential to speak with an experienced attorney for injuries in these circumstances.
The first step in making a claim against a municipality or other government entity is to file a Notice of Claim. This document must be in written form and notarized. It clearly 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 details the amount of the claim.
Once the City has received the 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 seek additional information from you or other sources. If injury lawsuit long beach contact the City regarding your claim, the City will require 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 so the amount you are entitled to under the law. If you are unable reach an agreement with the city the case will go to trial.
The Discovery Phase
The Discovery Phase is an important element of any lawsuit as it allows you obtain information and evidence regarding the other party. It can be done in a variety of ways by writing requests (called"discovery letters") and subpoenas. This process of discovery will assist you build an argument that is persuasive and help you make your case.
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