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?
2 Answers from Attorneys
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.
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.
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