How to File an Injury Lawsuit in New York

If you want compensation for an injury that was caused by negligence of a third party, you can file a formal lawsuit.

Each personal injury law firms case is individual and therefore it is impossible for us to predict how long the case will take.

However there are some typical legal landmarks you must be aware of as the case progresses 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 want to recover, and what the defendant(s), caused your injuries. It also contains an application for injuries an initial trial date.

The complaint is filed in the court, and then served to the defendants. The defendants have a deadline to file an answer or another response. This is when they claim to be defensible in the lawsuit, and also state their defenses. At this stage, your attorney may also file a counterclaim or a third-party defendant.

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

Then, we will prepare then, we'll prepare a Bill of Particulars. It is a legal document that lists the injuries you sustained and their total cost, including the expenses of medical expenses, lost wages and other monetary losses. We'll also prepare an application for relief which will detail the compensation you're seeking. The demand is based on the medical treatment that you received and any other evidence you provided to your lawyer. During the discovery stage which makes up the most of the time in litigation we will discuss information with the defendant using different legal tools like requests to admit interrogatories, requests for the production of documents. We may also depose experts and doctors.

The Notice of Claim

New York law has special rules in cases involving municipalities and other government agencies. These rules stipulate strict deadlines for filing a claim, and strict statutes that limit the length of time during which the lawsuit can be filed. In these instances it is imperative to speak with a reputable injury lawyer.

The first step in making a claim against a municipality or government entity is to submit a Notice of Claim. This document must be submitted in writing and notarized. It identifies the person making the claim and includes enough details about the incident or accident to let the city authority know who is responsible for the damages and injuries, as well as the loss. It also provides the amount of the claim.

The City will acknowledge receipt of the claim and injuries assign it a claim number. An examiner from the Comptroller's Office will be assigned to investigate your claim and may request additional information from you or other sources. If you contact the City regarding your claim you will be asked to provide your claim number as well as the name of the person assigned to your case. The examiner will decide 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 the case could be heard in court.

The Discovery Phase

The Discovery Phase is an important component of any lawsuit since it permits you to obtain details and evidence about the other party. You can do this through various methods which include written requests (called "discovery letters") and subpoenas. This process of discovery will assist you create an argument that is persuasive and help you succeed in proving your case.

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

This research also includes interviews with all stakeholders who can help in the success of your project. This includes the owners of the product administrators, end-users, and investors. The analysis of information from these sources will help your team determine the primary goals of the project and define the criteria for measuring its success.

A properly conducted discovery phase will save you time and money. It will help eliminate miscommunications, reduce the amount of changes to the final product, and injuries provide you with a formal scope document that will assist your software development partner make an accurate estimate for the development process. This will help you avoid the problems that come with the undefined budget of your project or delays in the launch.