How to File an Injury Lawsuit in New York

If you want compensation for an injury sustained by another party's negligence, you can make a formal claim.

Each personal injury case is unique and it is difficult to say for sure how long it will take to conclude the issue.

However there are some common litigation landmarks that you must be aware of as the case progresses through the system.

The Complaint

The Complaint is the first legal document to be filed in the course of a lawsuit. It details your legal rights and the damages you're seeking and injuries how the defendant(s) caused your injuries. It also contains the request to set a trial date.

The complaint is filed with the court and served on the defendant(s). They are given a deadline to file an answer or other response. They will then deny the allegations and provide defenses. At this stage, your attorney may also make a counterclaim, or a third-party defendant.

Your attorney will support their argument by citing current law (including laws or decisions, as well as other cases from the courts in which your case is being argued as well as cases from other jurisdictions). This helps the judge know why you believe the defendant is responsible for your injuries.

We will then draft the Bill of Particulars. This is an official document that lists the injuries you sustained and their total cost, including the expenses of medical bills, lost wages and other monetary losses. We'll also draft a demand for relief which provides the compensation you are seeking. The demand is based on the medical treatment that you received and any other evidence you provided to your lawyer. During the discovery phase, which is the reason for most of the duration of the lawsuit between us and the defendant will exchange information with the help of various legal tools such as interrogatories, admissions requests and requests for the production of documents. We may also ask for the deposition of experts and doctors.

The Claim Notice

New York law imposes special rules for cases involving municipalities and other governmental entities. These rules stipulate strict deadlines to file an action, as well as strict statutes that restrict the time that a lawsuit may be filed. It is vital to consult an experienced injury lawyer in these instances.

The first step to file the process of claiming against a municipality or governmental entity is filing a Notice of Claim. This document must be submitted in written form and notarized. It identifies who is submitting the claim and contains enough information about the accident or incident to let the city agency know who is responsible for the injuries, damages and losses. It also identifies the amount of the claim.

The City will acknowledge receipt of the claim and assign the claim a number. An examiner from the Comptroller's Office will be assigned to investigate your claim and may require additional information from you or other sources. When you contact the City about your claim you are asked to provide your claim number as well as the name of the examiner assigned to your case. The examiner will determine whether the City is responsible for your damages and, if so, the amount to which you are entitled under the law. If you and the city are unable to come to an agreement the case could be tried in court.

The Discovery Phase

The Discovery Phase is an important element of any lawsuit because it allows you to gather information and evidence regarding the other party. This can be accomplished through many different ways such as written requests (called "discovery letters") and subpoenas. This process of discovery will help you create a strong argument and be successful in your case.

The first step in the discovery phase is to research the market. This is done by a skilled team of project managers who analyze the market and its competitors to determine the newest trends, and the best options for your application.

This research also includes interviews with all stakeholders that can be a factor in the success of your project. This includes product owners, administrators, end-users and investors. The analysis of the data from these sources will help your team identify the primary objectives of your project and define the criteria for measuring its success.

A well-organized discovery phase will save your time and money. It will prevent misunderstandings as well as reduce the amount of modifications to the final product and provide you with a formal scope document that will assist your software development partner make an accurate estimate for the development process. This will help you avoid the pitfalls of an undefined budget for your project and launch delays.