How to File an Injury Lawsuit in New York

You can make a claim for compensation for injuries resulting from the negligence of a third party.

Every personal injury attorney case is unique It is therefore impossible to determine for certain how long it will take to settle the matter.

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

The Complaint

The Complaint is the first legal document to be filed in a lawsuit. It outlines the legal claims you have, the damages you want to recover, and what the defendant(s), caused your injuries. It also contains an request to establish a trial date.

The complaint is filed with the court and served to the defendants. They have a specific deadline to file an answer or other response. In this response, they will deny the allegations and outline their defenses. Your lawyer may also mention a counterclaim or third party defendant at this point.

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

We will then draft then a Bill of Particulars. It is an official document that lists your injuries and their total cost, including the expenses of medical bills, lost wages and other financial losses. We'll also prepare a demand for relief that details the compensation you are seeking. The demand is dependent on the medical treatment you received as well as other evidence you've provided to your attorney. During the discovery stage which makes up the majority of the litigation timeline we will discuss information with the defendant by using various legal tools, such as requests to admit interrogatories, as well as requests for the production of documents. We can also depose experts and doctors.

The Notice of Claim

New York law imposes special rules for cases against municipalities and other governmental entities. These rules stipulate strict deadlines to file a claim, and strict statutes that limit the length of time a lawsuit may be filed. In these situations it is essential to seek out a reputable 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 submitted in written form and notarized. It identifies the person who is making the claim and provides enough details about the accident or incident to inform the city agency who is accountable for the damages, injuries and losses. It also identifies the amount of the claim.

Once the City has received the claim it will acknowledge receipt and assign a claim number to it. A Comptroller's Office examiner will be assigned to investigate the claim. They may ask for additional information from you, or injury lawsuit from other sources. If you contact the city about your claim, the City will require you to provide your claim number and name of the person who will be assigned to investigate your case. The examiner will determine whether the City is accountable for your damages and, if they are the amount you are entitled to under the law. If you and the city are unable to reach an agreement the case could go to trial.

The Discovery Phase

The Discovery Phase is a key component of any lawsuit as it permits you to obtain information and evidence from the opposing party. This can be accomplished through various methods which include written requests (called "discovery letters") and subpoenas. This process of discovery will assist you create a strong argument and be successful in your case.

The first step of the discovery phase is to study the current market conditions. This is accomplished by a skilled team of project managers who look at the market and its competitors to identify the most recent trends, and the most effective solutions for your application.

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

A well-planned discovery phase can save you both time and money. It will help eliminate miscommunications, reduce the amount of changes to 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 help you avoid the pitfalls of undefined project budget and delays in launching.