How to File an Injury Lawsuit in New York

If you are seeking compensation for an injury sustained by negligence of a third party, you may file a formal lawsuit.

Every personal injury case is unique, and it is impossible to predict with certainty how long it will take to settle the issue.

There are some common landmarks in litigation that you must be aware as the case moves through the system.

The Complaint

A lawsuit starts with a legal document called the Complaint. It describes the legal rights you have, the damages that you are seeking, and what the defendant(s) caused your injuries. It also contains an application for a trial date.

The complaint is filed in the court and served on the defendant(s). The defendants have a date for filing an answer or another response. Here they will deny the allegations and state their defenses. Your lawyer may also mention an counterclaim or a third-party defendant in this instance.

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

Then, we'll prepare a Bill of Particulars. It is a legal document that details your injuries, the total cost of them, including medical bills, lost wage and other financial damages. We will also prepare an application for relief that details the compensation that you are 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 most of the time in litigation, we will exchange information with the defendant using various legal tools, like requests to admit interrogatories, requests for the production of documents. We may also take depositions of experts and doctors.

The Claim Notice

New York law has special rules in cases involving municipalities and other government agencies. These rules include strict deadlines for the filing of a claim and strict statutes of limitation in which a lawsuit can be brought. In these cases, it is important to seek out a reputable injury attorneys lawyer.

The first step to bringing a claim against any municipality or government entity is to file a Notice of Claim. This document should be submitted in written form and notarized. It identifies the person making the claim and provides enough information about the incident or accident to let the city's agency know who is responsible for the damages and injuries, as well as the loss. It also provides a specific amount of the claim is made.

The City will acknowledge receipt of the claim and assign the claim a number. A Comptroller's Office examiner will be assigned to investigate the claim. They might request additional information from you, or from other sources. When you contact the city regarding your claim, the city will require you to provide your claim number and the name of the investigator injury assigned to your case. The examiner will determine whether the City is responsible for your losses and, if yes, the amount to which you are entitled under the law. If you and the city are unable come to an agreement your case may be heard in court.

The Discovery Phase

The Discovery Phase is a key component of any lawsuit as it permits you to get information and evidence from the opposing party. It can be done through various methods which include written requests (called "discovery letters") and subpoenas. The process of discovery can help you create an argument that is strong and succeed in proving your case.

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

This research includes interviews with all the stakeholders who could be involved in the success of your project. This includes the owners of the product and administrators as well as the investors, end-users, and injury users. The analysis of the information from these sources will help your team identify the main goals of your project and define the criteria for measuring its success.

A properly conducted discovery phase can save you time and money. It will eliminate misunderstandings and reduce the number of changes in the final product and provide you with a formal scope document that will aid your software development partner create a precise estimate for the development process. This will aid you in avoiding the pitfalls of undefined project budget and delays in the launch.