What is the process of filing a spinal injury lawsuit?

Filing a spinal injury lawsuit in New York requires a complex process. It typically begins with the filing of a complaint in the county where the injury occurred. The complaint lays out the facts that are the basis of the case and includes the defendant, the plaintiff, the basis of the case, and the relief requested. Next, the complaint is served to the defendant in the form of a summons. If the defendant does not respond to the summons within the specified time limit, a default judgment may be issued and the plaintiff may be awarded damages. If the defendant does respond to the summons, they may file a motion to dismiss the case. The court will then review the motion and decide whether to grant it or not. If it is granted, the case may be dismissed. Following this, the parties will typically engage in discovery in which they exchange evidence and depose witnesses. During this time, the parties may also engage in settlement negotiations to avoid a trial. If a settlement is not reached, then a trial will take place. At the trial, the parties will then present evidence and witnesses to prove their case. The judge or jury will then decide whether the plaintiff is entitled to damages and, if so, how much. Once a decision has been made, the judge will issue a judgment. Filing a spinal injury lawsuit in New York is a complex process and is best handled by a qualified personal injury attorney. An attorney will be able to assist you in navigating the process and ensure that your rights are protected throughout the process.

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