How to File an Injury Lawsuit in New York

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

Every personal injury case is different and it is difficult to say for sure how long it will take to settle the matter.

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

The Complaint

A lawsuit starts with a legal document known as the Complaint. It describes your legal rights as well as the damages you're seeking, and the manner in which the defendant(s) caused your injuries. It also contains the request for an appropriate trial date.

The complaint is filed in court and served on the defendant(s). The defendants are given a deadline to file an answer or any other response. They will then deny the allegations and state their defenses. At this point, your lawyer can also file a counterclaim or a third-party defendant.

Your attorney will back their arguments by citing the existing law (including laws and decisions, as well as other cases from the courts in which your case is being argued in addition to cases from other jurisdictions). This helps the judge know why you believe the defendant is responsible for your injuries.

We will then prepare an Bill of Particulars. This is a legal document which includes your injuries, their total cost, including medical bills, lost wage and other monetary damages. We will also prepare an order for relief that provides the compensation you're seeking. The demand is based on the medical treatment you received and other evidence that you have provided to your attorney. During the discovery stage which comprises the majority of the litigation timeline we will discuss information with the defendant through different legal tools such as requests for admission interrogatories, requests for the production of documents. We could also depose doctors and experts.

The Claim Notice

New York law has special rules for cases involving municipalities and other government agencies. These rules stipulate strict deadlines to file a claim, and strict statutes that restrict the time in which the lawsuit can be filed. It is crucial to consult an experienced injury lawyer in these situations.

The first step in making a claim against a municipality or government entity is to make a notice of Claim. The document must be in written form and notarized. It identifies the person making the claim, and gives enough details about the incident or accident to let the city agency understand who is accountable for damages and injuries, as well as the loss. It also identifies a specific amount of the claim is made.

The City will acknowledge receipt of the claim and assign it a claim number. A Comptroller's Office examiner will be assigned to investigate the claim. They may ask for injuries additional information from you, or from other sources. If you contact the City regarding your claim, the city will require you to provide your claim number and the details of the investigator assigned to your case. The examiner will then decide whether the City is liable for your losses and, if so the amount to which you are entitled under the law. If you're unable to reach an agreement with the city, injuries your case will go to trial.

The Discovery Phase

The Discovery Phase is a key aspect of any lawsuit because it permits you to get information and evidence from the other party. It can be done through different methods such as written requests (called "discovery letters") and subpoenas. The process of discovery can help you build an argument that is persuasive and help you make your case.

The first step in the discovery phase is to look at the market. This is done by a team 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 efficiently.

This research also includes interviews with all stakeholders that could be instrumental in the success of your project. This includes the owners of the product and administrators, as well as end-users, investors, and users. The analysis of the data from these sources will help your team identify the key goals of the project and determine how to measure its success.

A well-organized discovery phase will save your time and money. It will prevent misunderstandings as well as reduce the amount of changes in the final product and provide you with a formal scope document that will help your software development partner create a precise estimate for the development process. This will help you to avoid the problems that come with the undefined budget of your project or launch delays.