How to File an Injury Lawsuit in New York
You can file a lawsuit to seek compensation for injuries that were caused by the negligence of another party.
Every personal injury case is unique, and it is impossible to know for certain how long it will take to conclude the issue.
However there are a few commonly used legal terms that you must be aware of as the case moves through the legal system.
The Complaint
A lawsuit starts with a legal document dubbed the Complaint. It details the legal claims you have, the damages you want to recover, and what the defendant(s), caused your injuries. It also contains the request for the date of trial.
The complaint is filed in court and served on the defendant(s). They are given a time limit to file an answer or other response. This is where they contest the allegations in the lawsuit and provide their defenses. At this point, your attorney can also make a counterclaim, or a third-party defendant.
Your attorney will back their arguments by citing existing law (including laws and decisions, as well as other cases from the courts in which your case is being handled in addition to cases from other jurisdictions). This assists the judge understand why they think that the defendant is accountable for your injuries.
Then, we'll prepare an Bill of Particulars. This is a legal document which will list your injuries and their total costs, including medical bills, lost wages and other damages. We'll also prepare an application for relief that provides the compensation you're seeking. The demand is based upon the medical treatment that 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 exchange information with the defendant through different legal tools like requests to admit, interrogatories, and requests for the production of documents. We can also depose doctors and experts.
The Claim Notice
New York law imposes special rules for cases involving municipalities and other government entities. These rules stipulate strict deadlines for filing claims, as well as strict statutes that restrict the length of time during which a lawsuit may be filed. In these cases it is crucial to speak with a qualified injury lawyer.
The first step to file making a claim against a municipality or another government entity is to file a Notice of Claim. The document must be filed in writing and notarized. It identifies who is submitting the claim and contains enough information about the accident or incident to inform the city agency who is accountable for the damages, injuries and losses. It also provides a specific amount that the claim is made.
After the City receives this claim, it will acknowledge receipt and assign a claim number to it. A Comptroller's Office examiner will be assigned to investigate the claim. They might request additional information from you, or from other sources. If you contact the City regarding your claim, the City will ask you to provide your claim number and name of the person who will be assigned to investigate your case. The examiner will then determine whether the City is liable for your losses and, if it is, the amount to which you are entitled under the law. If you and the city are unable to reach an agreement then your case will go to trial.
The Discovery Phase
The Discovery Phase is a key element of any lawsuit since it permits you to obtain information and evidence from the opposing party. injury lawsuit mcallen can be accomplished through many different ways, including written requests (called "discovery letters") and subpoenas. The process of discovery can help you build an argument that is convincing and be successful in your case.
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