Most people injured in an accident in New York may find the legal procedure of seeking compensation rather stressful. Injury lawsuits might take different forms but generally follow a similar format and involve the same fundamental progression of events. Below are the major stages of a personal injury claim in New York.
Stage 1: Filing the Complaint
The complaint or petition is the initial document submitted in a personal injury claim in New York. This action summarizes the plaintiff’s case against the defendant and lists the parties to the dispute.
Stage 2: Serving the Summons to the Defendant
The summons is a legal document that contains information on the parties involved and the name of the court to hear the case. A unique number called the docket number will serve as this document’s identifier. The summons serves as notice that a complaint has been made against the defendant and establishes a deadline for the defendant to submit their response to the arguments made in the Complaint.
Stage 3: Answer to the Served Complaint
The defendant addresses each argument made by the plaintiff in their lawsuit. The defendant responds to each paragraph of the complaint by selecting one of the three options, namely “denied,” “admitted,” or “insufficient knowledge to admit or deny.”
Stage 4: Discovery Phase
Both parties can obtain pertinent information from the opposite side during the discovery process. They must be aware of the information the other party is aware of for both parties to be prepared.
Stage 5: Motion to Resolve Before a Trial
Sometimes, a summary judgment motion may be used to end the matter before the trial starts.
Stage 6: Trial in a Civil Court
The dispute moves to court for trial if the negotiation process is unsuccessful and neither side is ready to accept a settlement.
Stage 7: Filing an Appeal
The party that loses can file an appeal after the case has been reviewed and judgment given by the judge.
In conclusion, a personal injury claim involves many taxing stages, and it is advisable to consult a personal injury attorney to help you handle your case.
