Legal Question in Personal Injury in New York

Asking for damages in a tort complaint

I am currently writing up a tort complaint as a pro se litigant in New York. I have many causes of action. Do I need to specify an amount of damage in each cause of action or can I just state one lump sum at the end the complaint which is what I would prefer to do?


Asked on 2/07/06, 8:59 pm

2 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Asking for damages in a tort complaint

You have to plead each cause of action separately, but as to specifying damages the rule has changed.

You are supposed to state that the damages exceed the jurisdictional limit of all lesser Courts in the State.

I have seen many complaints of late, also stating that the damages exceed a given amount in the final paragraph of each cause; and then repeating in the "wherefore" clause. Thus "over the jurisdictrional limits of all lower courts in the State, and in an amount exceeding $1,000,000.00"

would do it.

The most important thing in New York is that you are not bound by the number.

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Answered on 2/08/06, 9:26 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: Asking for damages in a tort complaint

Actually in New York it is not necessary to express a demand amount at all, but all actions should be pleaded separately. If you'd like, I can help you on a per-diem consultation basis.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 2/08/06, 12:48 pm


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