How to File an Injury Lawsuit in New York

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

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

However there are some commonly used legal terms that you should be aware as the case moves through the court system.

The Complaint

A lawsuit starts with a legal document known as the Complaint. It lists your legal claims and the damages you're seeking, and the way in which the defendant(s) caused your injuries. It also includes an request for the trial date.

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. In this response, they will deny the allegations and provide defenses. Your attorney can also include the counterclaim of a third-party defendant at this point.

In the Complaint, your lawyer will reference existing law (including the laws and decisions of the courts where the case is currently being handled, and cases from other jurisdictions) in support of their arguments. This helps the judge to know why they believe the defendant is liable for your injuries.

Then, we'll prepare the Bill of Particulars. This is an official document that lists the extent of your injuries and their amount, which includes the cost of medical bills, injuries lost wages and other financial losses. We will also prepare a demand for relief that provides the compensation you are 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 most of the time in litigation we will discuss information with the defendant using different legal tools, such as requests to admit interrogatories, as well as requests for the production of documents. We could also depose experts and doctors.

The Notice of Claim

New York law imposes special rules for lawsuits against municipalities and other governmental entities. These rules contain strict deadlines for filing of a claim and strict statutes of limitations under which a lawsuit may be brought. It is critical to consult an experienced injury attorney lawyer in these situations.

The first step in making a claim against a municipality, or any other government entity is to file a Notice of Claim. This document must be filed in written form and notarized. It identifies the person who is making the claim, and contains enough details about the incident or accident to help the city agency know who is responsible for the damages, injuries and losses. It also provides a specific amount for which the claim is made.

After the City receives the claim it will acknowledge receipt and assign a claim number to it. An examiner from the Comptroller's Office will be assigned to investigate your claim. They may also request additional information from you or 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 person assigned to your case. The examiner will then decide whether the City is liable for your damages and, if so the amount to which you are entitled under the law. If you are unable 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 part of any lawsuit, because it lets you gather information and evidence regarding the other party. You can accomplish this by a variety of methods, including written requests (called "discovery letters") and subpoenas. This process of discovery will help you to build an argument that is strong and will win your case.

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

This research includes interviews with all stakeholders that can contribute to the success your project. This includes the owners of the product and administrators and end-users, investors and users. The analysis of information from these sources will assist your team in determining the main goals of your project and determine the best way to measure its success.

A well-planned discovery phase can save you both time and money. It will limit the number of modifications to the final product, eliminate misunderstandings and give you an official scope of work document that will help your software vendor determine the development process with precision. This will allow you to avoid the pitfalls associated with an undefined project budget or delays in the launch.