How to File an Injury Lawsuit in New York

If you are seeking compensation for an injury sustained through the negligence of a third party you can bring a formal lawsuit.

Each personal injury attorneys case is unique and it is impossible for us to predict how long the case will take.

However there are a few common litigation landmarks that you should be aware of as the case moves through the court system.

The Complaint

The Complaint is the first legal document that must be filed in the course of a lawsuit. It describes the legal rights you have, the damages that you are seeking, and how the defendant(s), caused your injuries. It also includes a request to set a trial date.

The complaint is filed in the court, and then served to the defendants. The defendants have a date for filing an answer or any other response. Here they will deny the allegations and present their defenses. Your lawyer can also add the counterclaim of a third-party defendant at this time.

In the Complaint, the lawyer will cite existing law (including laws and decisions of the courts in which the case is being processed as well as cases from other jurisdictions) in support of their arguments. This helps the judge to discern the reasons why the defendant is accountable for Lawsuits your injuries.

We'll then prepare a Bill of Particulars. It is a legal document which details your injuries, their total cost, including medical bills, lost wages and other financial damages. We'll also prepare an application for relief that will detail the compensation you're seeking. The demand is based upon the medical treatment that you received and any other evidence you provided to your lawyer. During the discovery phase, which is the reason for most of the duration of the lawsuit both the defendant and we will exchange information using a variety of legal tools, including interrogatories, requests for admissions and requests for production of documents. We may also ask for the deposition of doctors and experts.

The Notice of Claim

New York law has special rules for cases involving municipalities as well as other government entities. These rules contain strict deadlines for the filing of claims and strict statutes of limitation in which lawsuits can be brought. It is essential to speak with an experienced lawyer for injury in these cases.

The first step to bringing a claim against any municipality or government entity is to submit a Notice of Claim. The document must be filed in written form and notarized. It identifies the person who is making the claim. It should also contain enough details about the accident incident to let the city agency know who is responsible for the damages, injuries and losses. It also states a specific amount of the claim is filed.

The City will acknowledge receipt of the claim and assign it a claim number. An examiner from the Comptroller's Office will be assigned to investigate your claim. They may also require additional information from you or other sources. When you contact the city about your claim, the city will ask you to provide your claim number and the details of the investigator assigned to your case. The examiner will determine if the City is accountable for your damages and, lawsuits if so then what amount you are entitled to under the law. If you and the city are unable reach a settlement the case could be heard in court.

The Discovery Phase

The Discovery Phase is an important component of any lawsuit because it allows you to gather information and evidence about the other party. You can do this in a number of ways that include written requests (called "discovery letters") and subpoenas. This discovery process will help you to build an argument that is convincing and be successful in your case.

The first step in the discovery phase is to study the market. This is accomplished by a knowledgeable team of project managers who look at the market and its competitors to determine the most current trends, as well as the most effective solutions for your app.

This research also includes interviews with all stakeholders that can help 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 to determine the primary goals of your project, as well as how to evaluate the success.

A well-planned discovery process will save your time and money. It will cut down on the amount of changes required to the final product, eliminate confusion and provide you with an official scope of work document that will assist your software partner determine the development process with precision. This will help you to avoid the risks associated with an undefined budget for your project or launch delays.