How to File an Injury Lawsuit in New York

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

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

There are a few standard landmarks in litigation that you must be aware as the case progresses through the court system.

The Complaint

A lawsuit begins by drafting a legal form called the Complaint. It lists the legal claims you have, the damages you are seeking, and how the defendant(s), caused your injuries. It also contains an request to establish an appointment date for trial.

The complaint is filed before the court and is served to the defendants. The defendants have a time limit for filing an answer or a response. This is when they claim to be defensible in the lawsuit and provide their defenses. Your attorney can also include a counterclaim or third party defendant at this point.

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

We'll then prepare a Bill of Particulars. It is an official document that lists your injuries and their total cost, including the costs of medical expenses, lost wages and other monetary losses. We'll also prepare an application for relief which describes the compensation you're seeking. The demand is based on the medical treatment you received and other evidence you have provided to your attorney. During the discovery phase, which comprises most of the lawsuit timeline between us and the defendant will exchange information using a variety of legal tools like interrogatories, admissions requests and requests for production of documents. We may also be able to take depositions of doctors and experts.

The Notice of Claim

New York law imposes special guidelines for lawsuits against municipalities and other governmental entities. These rules stipulate strict deadlines for filing an action, and strict statutes that limit the time in which a lawsuit can be filed. It is crucial to consult an experienced injury lawyer in these situations.

The first step in the process of claiming against a municipality or another government agency is to file a Notice of Claim. This document must be filed in writing and notarized. It identifies who is submitting the claim and contains enough details regarding the accident or incident to notify the city agency who is accountable for injuries the damage, injuries and losses. It also details the amount of the claim.

After the City receives this claim it will acknowledge receipt and assign a claim number it. An examiner from the Comptroller's Office will be assigned to examine your claim and require additional information from you or other sources. If 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 to your case. The examiner will decide whether the City is responsible for your damages and, if so the amount to which you are entitled under the law. If you and the city are unable to reach a settlement, your case may be heard in court.

The Discovery Phase

The Discovery Phase is an important element of any lawsuit since it permits you to obtain information and evidence about the other party. You can accomplish this through a variety of methods, including through written requests (called "discovery letters") and subpoenas. This process of discovery can help you create an argument that is strong and make your case successful.

The first step in the discovery phase is to analyze the market conditions. This is accomplished by a skilled team of project managers who examine the market and its competitors to determine the latest trends, and the most effective solutions for your app.

This research also includes interviews with all stakeholders who can contribute to the success of your project. This includes product owners and administrators as well as the investors, end-users and users. This information will assist you and your team to identify the main goals for your project, as well as how to evaluate the success of your project.

A well-organized discovery phase will save you time and money. It will prevent misunderstandings, reduce the amount of changes in the final product, and provide you with an official scope document that will aid your software development team create a precise estimate for the development process. This will ensure that you don't fall victim to the traps of undefined project budget and delays in the launch.