How to File an Injury Lawsuit in New York

You can file a lawsuit to seek compensation for injuries caused by the negligence of a third party.

Each personal injury law firm case is different, and it is impossible to say for sure how long it will take to resolve the matter.

There are a few standard landmarks in litigation that you need to be aware as the case moves through the legal system.

The Complaint

A lawsuit begins with a legal document called the Complaint. It details your legal rights and the damages you are seeking, and the way in which the defendant(s) caused your injuries. It also includes an request for an appointment for a trial.

The complaint is filed in court and served on the defendant(s). The defendants have a deadline for filing an answer or any other response. This is the time to contest the allegations in the lawsuit, and also state their defenses. Your lawyer can also add the counterclaim of a third-party defendant at this time.

In the Complaint, your lawyer will reference existing law (including laws and decisions of the courts in which the case is being considered as well as cases from other jurisdictions) to support their arguments. This will help the judge know why they believe the defendant is responsible for your injuries.

Then, we'll prepare the Bill of Particulars. It is legal document that details your injuries and their total cost, including the expenses of medical bills, lost wages and other losses in money. We will also prepare a demand for relief that provides the compensation you're seeking. The demand is dependent on the medical treatment you received as well as other evidence that you have provided to your attorney. During the discovery phase which is the majority of the timeline for litigation we will share information with the defendant by using various legal tools, such as requests for admission interrogatories, as well as requests for the production of documents. We may also be able to take depositions of doctors and experts.

The Notice of Claim

New York law imposes special guidelines for lawsuits against municipalities and other government entities. These rules contain strict deadlines for filing a claim, and strict statutes that limit the length of time during which an action can be filed. It is essential to speak with an experienced attorney for injuries in these circumstances.

The first step in making a claim against a municipality or government entity is to file a Notice of Claim. This document should be in written form and notarized. It identifies the person who is making the claim and contains enough information about the accident or incident to let the city agency know who is responsible for the damage, injuries and losses. It also identifies the amount of the claim.

Once the City has received the claim it will acknowledge receipt and assign a claim number it. An examiner from the Comptroller's Office will be assigned to examine your claim and request additional information from you or other sources. If you contact the City about your claim, you are asked to provide your claim number and the name of the examiner assigned to your case. The examiner will determine if City is liable for your damages and, if they are then what amount you are entitled to under the law. If you fail to reach an agreement with the city and the city, your case will go to trial.

The Discovery Phase

The Discovery Phase is an important component of any lawsuit because it allows you to gather details and evidence about the other party. You can accomplish this by different methods such as written requests (called "discovery letters") and subpoenas. The process of discovery can help you build a strong case and be successful in your case.

The first step of the discovery phase is to analyze the market. This is done by an experienced team of project managers who analyze the market and its competitors to identify the most recent trends, as well as the most effective solutions for your app.

This research also includes interviews with all stakeholders that can contribute to the success of your project. This includes the owners of the product, administrators, end-users and investors. The analysis of the data from these sources will help your team define the main goals of your project as well as define the criteria for measuring its success.

A well-planned discovery process can save you time and money. It will limit the amount of changes needed to the final product, injuries avoid confusion and provide you with an official scope of work document that will help your software vendor determine the development process with precision. This will assist you in avoiding the dangers of a project budget that is not clearly defined and delays in launching.