How to File an Injury Lawsuit in New York

If you want to recover compensation for an injury triggered by negligence of a third party, you may file a formal lawsuit.

Each personal injury case is different and it is difficult to determine for injury lawsuits certain how long it will take to resolve the issue.

However, there are a few commonly used legal terms that you should be aware of as the case progresses through the court system.

The Complaint

A lawsuit starts by drafting a legal form called the Complaint. It lists your legal claims, the damages you are seeking and how the defendant(s) caused your injuries. It also contains the request to set the date of trial.

The complaint is filed in court and served on the defendant(s). The defendants are given a deadline to file an answer or other response. This is the time to deny the allegations in the lawsuit and provide their defenses. At this point, your lawyer can also add a counterclaim as well as a third-party defendant.

Your attorney will back their arguments by citing the existing law (including laws or decisions as well as cases from the courts in which your case is being argued, as well as cases from other jurisdictions). This will help the judge know why you believe the defendant is accountable for your injuries.

We will then prepare a Bill of Particulars. This is a legal document that will list your injuries and the total cost of them, including medical bills, lost wage and other monetary damages. We can also prepare an application for relief which will detail the compensation you are seeking. The demand is based upon the medical treatment that you received as well as any other evidence you provided to your lawyer. During the discovery phase, which takes up the most of the time in litigation we will share information with the defendant by using various legal tools, such as admission requests interrogatories, injury lawsuits requests for the production of documents. We may also ask for the deposition of doctors and experts.

The Notice of Claim

New York law imposes special rules for cases against municipalities and other government entities. These requirements include strict deadlines for the filing of a claim, as well as strict statutes of limitations under which lawsuits can be filed. It is crucial to consult an experienced Injury Lawsuits lawyer in these instances.

The first step in filing a claim against a municipality or government entity is to submit a Notice of Claim. This document must be in writing and notarized. It identifies the individual who is submitting the claim. It also contains details regarding the accident or incident to notify the city agency who is accountable 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 examine your claim and require additional information from you or other sources. When you contact the city about your claim, the City will require you to give your claim number as well as the name of the investigator assigned your case. The examiner will then determine whether the City is liable for your losses and, if so the amount to which you are entitled under the law. If you are unable to reach an agreement with the city, your case will go to trial.

The Discovery Phase

The Discovery Phase is an important element of any lawsuit because it lets you gather information and evidence about the other party. It can be done in a number of ways that include written requests (called "discovery letters") and subpoenas. This process of discovery will assist you create an argument that is strong and will succeed in proving your case.

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

This research also includes interviews with all stakeholders that can contribute to the success of your project. This includes product owners and administrators along with end-users, investors and users. The analysis of information from these sources will assist your team in determining the primary goals of your project as well as define how to measure its success.

A well-planned discovery phase will save you time and money. It will decrease the number of changes to the final product, remove misunderstandings and give you an official scope statement that will help your software vendor determine the development process with precision. This will aid you in avoiding the pitfalls of an undefined budget for your project and delays in launching.