How to File an Injury Lawsuit in New York

If you want to recover compensation for an injury that was caused through the negligence of a third party you may file a formal lawsuit.

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

However there are some common legal landmarks that you must be aware of as the case moves through the court system.

The Complaint

A lawsuit starts with a legal document called the Complaint. It describes your legal rights and the damages you are seeking, and injuries the way in which the defendant(s) caused your injuries. It also includes an request to establish an appropriate trial date.

The complaint is filed with the court and served on the defendant(s). The defendants have a deadline to file an answer or other response. This is the time to reject the allegations made in the lawsuit and provide their defenses. Your lawyer may also mention a counterclaim or third party defendant in this instance.

In the Complaint, your attorney will reference the existing law (including the laws and decisions of the courts in which the case is being considered as well as cases from different jurisdictions) in support of their arguments. This will help the judge understand why you believe the defendant is accountable for your injuries.

We'll then prepare a Bill of Particulars. This is a legal document which lists your injuries, their total cost including medical bills, lost wages and other damages. We'll also prepare an application for relief which will detail the compensation you're seeking. The demand is based on the medical treatment that you received as well as any other evidence you have provided to your lawyer. During the discovery stage which makes up the majority of the litigation timeline, we will exchange information with the defendant through various legal tools, such as admission requests interrogatories and requests for the production of documents. We may also be able to take depositions of experts and doctors.

The Claim Notice

New York law imposes special rules for cases involving municipalities and other governmental entities. These requirements include strict deadlines for filing an action, and strict statutes that limit the time that an action can be filed. In these situations it is crucial to speak with a qualified injury lawyer.

The first step to bringing a claim against any municipality or government entity is to make a notice of Claim. This document must be filed in written form and notarized. It identifies the individual who is making the claim and contains enough details about the accident incident to inform the city agency who is responsible for the damage, injuries and losses. It also states a specific amount that the claim is made.

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 investigate your claim and may require additional information from you or other sources. If you contact the city about your claim, the city will require you to provide your claim number and the name of the person who will be assigned to investigate your case. The examiner will decide whether the City is liable for your losses and, if so the amount to which you are entitled under the law. If you and the city are unable to reach an agreement then your case will be heard in court.

The Discovery Phase

The Discovery Phase is a key element of any lawsuit since it permits you to get information and evidence from the opposing party. You can accomplish this by many different ways which include written requests (called "discovery letters") and subpoenas. The process of discovery can help you build a strong case and be successful in your case.

The first step in the discovery phase is to research the market. This is done by an experienced team of project managers who analyze the market and its competitors to determine the latest trends, and the most efficient solutions for your app.

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A well-planned discovery process will save your time and money. It will reduce the amount of changes required to the final product, eliminate misunderstandings and give you an official scope document which will help your software partner estimate the development process accurately. This will help you to avoid the pitfalls associated with an undefined project budget or delays in the launch.