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How to File an injury attorneys law (why not try these out) Lawsuit in New York
If you want compensation for an injury claim triggered through the negligence of a third party you can bring a formal lawsuit.
Each personal injury lawyers case is distinct and it's impossible to know how the case will last.
However there are a few common litigation landmarks that you should be aware as the case moves through the court system.
The Complaint
The Complaint is the first legal document that must be filed in the case of a lawsuit. It details the legal claims you have, the damages you seek, and how the defendant(s) caused your injuries. It also contains a request for an initial trial date.
The complaint is filed with the court and served to the defendants. The defendants have a date for filing an answer or any other response. This is when they deny the allegations in the lawsuit and provide their defenses. At this point, your attorney can also add a counterclaim as well as a third-party defendant.
Your attorney will support his arguments by citing existing law (including laws and decisions, as well as other cases from the courts in which your case is being handled and also cases from other jurisdictions). This helps the judge to discern the reasons why the defendant is responsible for your injuries.
Then, we'll prepare an Bill of Particulars. This is an official document that lists your injuries and their total expense, including the cost of medical expenses, lost wages and other monetary losses. We will also draft an application for relief that describes the compensation you are seeking. The demand is based upon the medical treatment you received and any other evidence you gave to your lawyer. During the discovery stage, which takes up the most of the time in litigation we will share information with the defendant through different legal tools, such as requests to admit interrogatories, as well as requests for the production of documents. We may also take depositions of doctors and experts.
The Notice of Claim
New York law imposes special rules for cases involving municipalities and other governmental entities. These rules contain strict deadlines to file an action, as well as strict statutes that restrict the time in which an action can be filed. It is vital to consult an experienced injury lawsuit lawyer in these instances.
The first step to filing a claim against a municipality or government entity is to file a Notice of Claim. This document should be submitted in written form and notarized. It identifies who is making the claim and includes enough details about the incident or accident to let the city authority know who is responsible for the damages as well as losses. It also identifies a specific amount for which the claim is filed.
The City will acknowledge receipt of the claim and assign it a claim number. A Comptroller's Office examiner will be assigned to investigate the claim. They might request additional information from you, or from other sources. When you contact the City about your claim, you will be asked to mention your claim number as well as the name of the examiner assigned to your case. The examiner will then decide whether the City is responsible for your damages and, if so the amount to which you are entitled under the law. If you and the city are unable to come to an agreement then your case will be heard in court.
The Discovery Phase
The Discovery Phase is an important aspect of any lawsuit because it allows you to gather information and proof about the other party. You can do this through a variety of methods such as through written requests (called"discovery letters") and subpoenas. This process of discovery will help you build an argument that is strong and will win your case.
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