How to File an Injury Lawsuit in New York

You can file a lawsuit to seek compensation for any injuries resulting from the negligence of another party.

Every personal injury case will be unique, and it is not possible for us to predict how the case will last.

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

The Complaint

A lawsuit starts with a legal document called the Complaint. It lists the legal claims you have, the damages that you are seeking, as well as how the defendant(s), caused your injuries. It also contains a request to set an appropriate trial date.

The complaint is filed in the court, and then served to the defendants. The defendants have a deadline to file an answer or any other response. This is where they deny the allegations in the lawsuit and present their defenses. At this point, your attorney can also add a counterclaim or a third-party defendant.

Your attorney will back his arguments by citing existing law (including laws or decisions as well as cases from the courts where your case is being dealt with in addition to cases from other jurisdictions). This will help the judge know why they believe the defendant is liable for your injuries.

We will then prepare the Bill of Particulars. It is an official document that lists the injuries you sustained and their total amount, which includes the cost of medical bills, lost wages and other financial losses. We will also prepare an application for relief that provides the compensation you are seeking. The demand is based on the medical treatment you received as well as any other evidence you provided to your lawyer. During the discovery phase, which makes up most of the lawsuit timeline between us and the defendant will exchange information with the help of various legal tools, including requests for admissions, interrogatories and requests for the production of documents. We may also take depositions of experts and doctors.

The Notice of Claim

New York law imposes special rules for cases against municipalities and other government entities. These requirements include strict deadlines for filing of claims and strict statutes of limitations under which a lawsuit can be brought. It is vital to consult an experienced injury lawsuit lawyer in these situations.

The first step to bringing a claim against any municipality or government entity is to file a Notice of Claim. The document must be in written form 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 to which the claim is made.

The City will acknowledge receipt of the claim and assign the claim a number. A Comptroller's Office examiner will be assigned to investigate the claim. They may ask for additional information from you, or from other sources. Whenever you contact the City about your claim, you will be asked to mention your claim number as well as the name of the investigator assigned to your case. The investigator will determine if the City is liable for your damages and, if it is, what amount you are entitled to under the law. If you and the city are unable come to an agreement then your case will go to trial.

The Discovery Phase

The Discovery Phase is a key component of any lawsuit as it permits you to get information and evidence from the other party. You can accomplish this in a number of ways that include written requests (called "discovery letters") and subpoenas. The process of discovery can help you to build a strong argument and win your case.

The first step in the discovery phase is to analyze the market. This is done by a team comprised of experienced project managers who research the market and its competitors to determine its latest trends, the best possible solutions for your app and how to implement them effectively.

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, as well as end-users, investors and users. The analysis of the data from these sources will help your team determine the main goals of your project as well as define how to measure its success.

A well-executed discovery phase will save you time and injuries money. It will decrease the amount of changes required to the final product, eliminate misunderstandings and give you an official scope of work document that will help your software partner estimate the development process accurately. This will assist you in avoiding the dangers of undefined project budget and delays in launching.