How to File an Injury Lawsuit in New York

You can file a lawsuit to seek compensation for injuries that were caused by the negligence of a third party.

Every personal injury lawsuits case will be distinct and it's impossible for us to predict how the case will last.

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

The Complaint

A lawsuit starts with a legal document known as the Complaint. It lists the legal claims you have, the damages that you seek, and what the defendant(s), caused your injuries. It also contains the request to set an appropriate trial date.

The complaint is filed in court and served on the defendant(s). They are given a time limit to submit an answer or a response. This is where they contest the allegations in the lawsuit and state their defenses. At this point, your lawyer can also file a counterclaim or a third-party defendant.

In the Complaint, your lawyer will reference the existing law (including the laws and decisions of the courts where the case is being considered as well as cases from other jurisdictions) in support of their arguments. This assists the judge comprehend why they believe that the defendant is liable for your injuries.

We will then prepare an Bill of Particulars. This is an official document that lists the injuries you sustained and their total cost, including the costs of medical bills, lost wages and other financial losses. We will also draft an application for relief which will detail the compensation you are seeking. The demand is based upon the medical treatment you received as well as any other evidence you provided to your lawyer. During the discovery phase, which makes up most of the duration of the lawsuit both the defendant and we will exchange information through various legal tools such as interrogatories, requests for admissions and requests for production of documents. We may also be able to take depositions of experts and doctors.

The Notice of Claim

New York law has special rules for cases involving municipalities and other government entities. These rules stipulate strict deadlines for filing of a claim as well as strict statutes of limitations under the circumstances where a lawsuit could be filed. In these situations it is crucial to speak with a qualified injury lawsuit lawyer.

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

After the City receives the claim, it will acknowledge receipt and assign a claim number it. An examiner from the Comptroller's Office will be assigned to investigate your claim. They may also need additional information from you or other sources. If you contact the city about your claim, the City will ask you to give your claim number as well as the name of the person who will be assigned to investigate your case. The examiner will decide whether the City is liable for your damages and, if it is, the amount to which you are entitled under the law. If you fail to reach an agreement with the city your case will be taken to trial.

The Discovery Phase

The Discovery Phase is a key aspect of any lawsuit because it allows you to obtain information and evidence from the opposing party. You can accomplish this by different methods such as written requests (called "discovery letters") and subpoenas. This process of discovery can help you construct an argument that is strong and make your case successful.

The first step in the discovery phase is to research the market. This is performed by a group of experienced project managers who research the market and competitors to determine the latest trends, the best possible solutions for your app, and how to implement them effectively.

This research involves interviews with all stakeholders that can help in the success of your project. This includes product owners, administrators, end-users and investors. The analysis of information from these sources will assist your team in determining the main goals of the project and determine how to measure its success.

A well-planned discovery process will save your time and money. It will decrease the amount of changes required to the final product, remove confusion and provide you with an official scope document that will assist your software partner estimate the development process accurately. This will help you avoid the pitfalls of a poorly-defined project budget and delays in launching.