What is the process for bringing a civil lawsuit for injuries in New York?
A civil jury trial in New York follows a process similar to that of other states in the U.S. Here is an overview of how the process typically works:
Filing a complaint: The first step in a civil jury trial is to file a complaint with the court. The complaint outlines the plaintiff's allegations against the defendant and the relief that the plaintiff is seeking.
Serving the complaint: After the complaint is filed, it must be served on the defendant. This means that a copy of the complaint must be delivered to the defendant in a way that is authorized by law.
Responding to the complaint: After being served with the complaint, the defendant has the opportunity to respond by filing an answer. The answer typically denies the allegations made in the complaint and may include counterclaims against the plaintiff.
Discovery: The discovery process allows both parties to gather information about the case. This can include exchanging documents, taking depositions, and requesting answers to written questions.
Pretrial motions: Either party can file pretrial motions to ask the court to make certain decisions before the trial begins. For example, a party might file a motion to dismiss the case or to exclude certain evidence.
Trial: If the case is not resolved before trial, it will go to trial before a judge and a jury. The trial begins with opening statements by both sides, followed by the presentation of evidence and testimony by witnesses, including expert witnesses such as doctors, nurses, economic and vocational experts, and liability experts such as accident reconstructionists and engineers. The parties then give closing arguments, and the jury deliberates and reaches a verdict.
Appeal: If either party is dissatisfied with the outcome of the trial, they may file an appeal to a higher court to have the decision reviewed.
It's important to note that this is a general overview of the process and that the specific details of a civil jury trial can vary depending on the case and the court.
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Do you have questions about filing a negligence lawsuit for injuries in New York? One of our experienced New York negligence attorneys can speak with you today about the possibility of filing a lawsuit and holding a negligent party accountable for injuries. Contact Leitner Varughese Warywoda PLLC to learn more about the services we provide.