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What Injury Lawyers Experts Want You To Know
How to File an Injury Lawsuit in New York

You can bring a lawsuit in order to seek compensation for injuries that were caused by the negligence of another party.

Each personal injury case is distinct and it's impossible to know how long the case will take.

There are some common landmarks in litigation that you need to be aware as the case progresses through the system.

The Complaint

The Complaint is the first legal document that must be filed in the event of a lawsuit. It describes the legal rights you have, the damages you are seeking, and what the defendant(s), caused your injuries. It also contains a request for a trial date.

The complaint is filed with the court and served on the defendant(s). The defendants have a time limit to file an answer or other response. This is when they claim to be defensible in the lawsuit, and also state their defenses. At this point, your lawyer can also add a counterclaim or a third-party defendant.


In the Complaint, the lawyer will reference the existing law (including laws and decisions of the courts where the case is currently being handled and cases from other jurisdictions) in support of their arguments. This will help the judge know why you believe the defendant is accountable for your injuries.

Then, we'll draft the Bill of Particulars. It is an official document that lists your injuries as well as their total cost, including the expenses of medical bills, lost wages, and other financial losses. We'll also prepare an application for relief which provides the amount you are seeking. The demand is based on the medical treatment you received and any other evidence you have provided to your lawyer. During the discovery stage, which takes up the majority of the litigation timeline we will share information with the defendant using different legal tools, like requests to admit 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 entities. These rules contain strict deadlines to file an action, as well as strict statutes that limit the time in which a lawsuit can be filed. It is essential to speak with an experienced lawyer for injury in these cases.

The first step to file an action against a municipality, or any other governmental entity is filing a Notice of Claim. This document should be submitted in written form and notarized. It identifies who is making the claim, and contains enough details about the incident or accident to let the city agency understand who is responsible for the damages and injuries, as well as the loss. It also provides the amount of the claim.

After the City has received 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. If you contact the city about your claim, the city will ask you to give your claim number as well as the name of the investigator assigned to your case. The examiner will determine whether the City is responsible for your damages, and if so then what amount you are entitled to under the law. If you are unable to reach an agreement with the city your case will be taken to trial.

The Discovery Phase

The Discovery Phase is an important part of any lawsuit, since it permits you to obtain information and evidence regarding the other party. It can be done in a variety of ways such as through written requests (called “discovery letters”) and subpoenas. This process of discovery will help you to build an argument that is persuasive and help you make your case.

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