What Is Injury Lawyers And Why Is Everyone Speakin' About It?
How to File an Injury Lawsuit in New York
If you want to recover compensation for an injury triggered by another party's negligence, you may file a formal lawsuit.
Every personal injury case is different, and it is impossible to know for certain how long it will take to resolve the matter.
However, there are a few common legal landmarks that you should be aware as the case progresses through the system.
The Complaint
The Complaint is the first legal document to be filed in the case of a lawsuit. It outlines your legal claims as well as the damages you're seeking, and the way in which the defendant(s) caused your injuries. It also includes an request to establish the date of trial.
The complaint is filed in the court, and then served to the defendants. The defendants have a date for filing an answer or any other response. This is the time to reject the allegations made in the lawsuit and state their defenses. At this moment, your attorney could also add a counterclaim as well as a third-party defendant.
In the Complaint, your lawyer will cite existing law (including laws and decisions of the courts where the case is being considered as well as cases from other jurisdictions) to support their arguments. This will help the judge know why they believe the defendant is liable for your injuries.
Then, we'll draft a Bill of Particulars. It is a legal document that lists your injuries as well as their total expense, including the cost of medical expenses, lost wages and other losses in money. We'll also prepare an order for relief that describes the amount 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 is the reason for most of the lawsuit timeline both the defendant and we will exchange information with the help of various legal tools, including requests for admissions, interrogatories and requests for the production of documents. We may also request depositions of doctors and experts.
The Claim Notice
New York law imposes special rules for lawsuits against municipalities and other government entities. These rules include strict deadlines for filing an action, and strict statutes that limit the time in which an action can be filed. It is crucial to consult an experienced lawyer for injury in these cases.
The first step to making a claim against a municipality or government entity is to make a notice of Claim. The document must be in writing and notarized. It identifies who is making the claim and provides enough details regarding the accident or incident to notify the city agency who is accountable for the damage, injuries and losses. It also specifies the amount of the claim is filed.
After the City receives this claim, it will acknowledge receipt and assign a claim number it. A Comptroller's Office examiner will be assigned to investigate the claim. They could request additional information from you, or from other sources. When you contact the city regarding your claim, the City will ask you to provide your claim number and the name of the investigator assigned to your case. The investigator will determine if the City is responsible for your losses and, if it is then what amount you are entitled to under the law. If you and the city are not able to agree on a solution your case may go to trial.
The Discovery Phase
The Discovery Phase is an important aspect of any lawsuit because it allows you to gather 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 create an argument that is persuasive and help you succeed in proving your case.
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