What are the requirements for filing a brain injury claim?

In order to file a brain injury claim in New York, there are certain requirements that must be met. To start, you must file a “notice of claim” with the institution or individual you believe to be liable for the injury or loss. This must be filed within 90 days of the incident. Secondly, you must have proof of the injury or loss. This could be through medical records, photos, evidence, or witness testimonies. Once the notice of claim is filed, the claimant must wait for the institution or individual responsible for the injury to respond. If the individual or institution denies the claim, the claimant then has to file a Civil Court Summons and Complaint with the County Clerk. This must be filed within one year and ninety days of the incident. In addition to the claimant, any other parties involved in the incident may require you to file their own legal documents as part of the claim. Lastly, it is important for the claimant to receive legal counsel to ensure that all the proper steps are taken for their claim to be successful. In sum, filing a brain injury claim in New York requires filing a notice of claim, providing proof of the injury, filing a Civil Court Summons and Complaint, and getting legal counsel. It is important to remember that these steps should be taken swiftly as there are time limitations for filing a claim.

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