Legal Question in Personal Injury in New York

Tort action - doesn't only include personal injury

I am currently writing up a tort complaint as a pro se litigant in New York - this includes other torts besides Personal Injury. I know that for Personal Injury one should not specify an amount. I have many other causes of action including fraud. Do I need to specify an amount of damage in each cause of action (for the non-personal injury causes 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 2/09/06, 5:55 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Tort action - doesn't only include personal injury

Drafting a complaint includes many 'technical' requirements.

(1) the personal injury should include instead of a dollar amount, 'sues for a an amount in excess of that available in any court of lesser kurisdiction'

(2) all other claims must include a dollar amount. Don't worry, you are entitled to be 'inexact' here. Most such complaints contain overstatements or errors. Just make the dollars close. Rounded nbumbers are ok.

You are welcome to meet with me and I can review the complaint and show you some drafted by successful litigants (people who won their case).

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Answered on 2/13/06, 2:20 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Tort action - doesn't only include personal injury

Different causes of action have different pleading requirements. Fraud must allege the intent to defraud, also called "scienter," and must specifically state the acts that constitued the fraud. If money was taken thew amount must be stated,even if in an approximation.

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Answered on 2/10/06, 10:47 am


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