How to File an Injury Lawsuit in New York

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

Each personal injury case will be unique and it is impossible to know how the case will last.

However there are a few typical legal landmarks you should be aware as the case moves through the system.

The Complaint

A lawsuit begins with a legal document dubbed the Complaint. It outlines 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 for a trial date.

The complaint is filed in the court and served on the defendant(s). They have a particular deadline to submit an answer or a response. They will respond to the allegations and present their defenses. Your attorney can also include a counterclaim or third party defendant at this time.

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

Then, we'll prepare then a Bill of Particulars. It is a legal document that includes your injuries, their total cost, including medical bills, lost wages and other monetary damages. We'll also draft a demand for relief that describes the amount you are seeking. The demand is based on the medical treatment that you received as well as any other evidence you gave to your lawyer. During the discovery phase, which comprises most of the duration of the lawsuit, we and the defendant will exchange information through various legal tools like interrogatories, requests for admissions and requests for production of documents. We may also take depositions of doctors and experts.

The Claim Notice

New York law has special rules in cases involving municipalities and other government entities. These rules contain strict deadlines for filing of a claim as well as strict statutes of limitation in which lawsuits can be filed. In these instances it is imperative to consult a qualified injury lawyer.

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

When the City receives the claim, it will acknowledge receipt and assign a claim number it. A Comptroller's Office examiner will be assigned to investigate the claim. They may request additional information from you, or from other sources. When you contact the city regarding your claim, the City will ask you to give your claim number as well as the name of the investigator assigned to your case. The examiner will then determine whether the City is liable for your losses and, if yes, injury the amount to which you are entitled under the law. If you and the city are unable reach a settlement the case could be tried in court.

The Discovery Phase

The Discovery Phase is an important aspect of any lawsuit because it lets you gather details and evidence about the other party. This can be accomplished through a variety of methods that include written requests (called "discovery letters") and subpoenas. This discovery process will help you to build an argument that is persuasive and help you make your case.

The first step in the discovery phase is to look at the market. This is done by a group of experienced project managers who study 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 could be instrumental in the success of your project. This includes product owners as well as administrators, end-users, and investors. This information will assist you and your team determine the primary goals of your project, and how to evaluate success.

A properly conducted discovery phase will save you time and money. It will prevent misunderstandings and will reduce the number of changes 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 ensure that you don't fall victim to the traps of undefined project budget and delays in launching.