How to File an Injury Lawsuit in New York

You can make a claim for compensation for injuries resulting from the negligence of another party.

Every personal injury case is individual and therefore it is impossible for us to predict how long the case will take.

However there are a few common legal landmarks that you should be aware as the case progresses through the court system.

The Complaint

A lawsuit begins with a legal document called the Complaint. It details the legal claims you have, the damages you are seeking, as well as how the defendant(s) caused your injuries. It also includes an request to establish an appropriate trial date.

The complaint is filed with the court and then served to the defendants. They have a specific deadline to submit an answer or injuries a response. This is the time to deny the allegations in the lawsuit and state their defenses. At this point, your attorney can also add a counterclaim or a third-party defendant.

In the Complaint, your attorney will reference the existing law (including the laws and decisions of the courts where the case is being heard, and cases from other jurisdictions) to support their arguments. This helps the judge understand why you believe the defendant is accountable for your injuries.

Then, we'll prepare an Bill of Particulars. It is an official document that lists the injuries you sustained and their total cost, including the expenses of medical bills, lost wages, and other losses in money. We'll also prepare an order for relief that details the compensation you are seeking. The demand is dependent on the medical treatment you received as well as other evidence you've provided to your attorney. During the discovery stage which is the majority of the timeline for litigation, we will exchange information with the defendant through different legal tools, such as admission requests, interrogatories, and requests for the production of documents. We can also depose experts and doctors.

The Notice of Claim

New York law has special rules for cases involving municipalities and other government agencies. These rules contain strict deadlines for filing of claims and strict statutes of limitations within which lawsuits can be brought. It is essential to speak with an experienced injury lawyer in these instances.

The first step to file the process of claiming against a municipality or another government agency is to file a Notice of Claim. This document should be submitted in writing and notarized. It identifies the person who is making the claim. It also contains details regarding the accident or incident to notify the city agency who is accountable for the damage, injuries and losses. It also identifies a specific amount for which the claim is made.

The City will acknowledge receipt of the claim and assign it a claim number. An examiner from the Comptroller's Office will be assigned to examine your claim and need additional information from you or other sources. When you contact the City about your claim you will be asked to mention your claim number and the name of the examiner assigned to your case. The examiner will determine whether the City is accountable for your damages and, if they are, injuries what amount you are entitled to under the law. If you and the city cannot agree on a solution your case may go to trial.

The Discovery Phase

The Discovery Phase is an important part of any lawsuit, because it allows you to gather information and evidence regarding the other party. You can do this through a variety of methods, including written requests (called "discovery letters") and subpoenas. This process of discovery will assist you to build a strong argument and be successful in your case.

The first step in the discovery process is to look at the market. This is carried out by an experienced team of project managers who analyze the market and its competitors to determine the newest trends, and the most effective solutions for your application.

This research also includes interviews with all stakeholders who can help in the success of your project. This includes the owners of the product and administrators and end-users, investors and users. This will assist you and your team identify the main goals for your project, as well as how to determine the success.

A well-planned discovery phase can save you time and money. It will help eliminate miscommunications, reduce the amount of modifications to the final product and provide you with a formal scope document that will help your software development partner to make a precise estimate of the development process. This will help you avoid the pitfalls of undefined project budget and delays in launching.