How to File an Injury Lawsuit in New York

You can bring a lawsuit in order to seek compensation for injuries resulting from the negligence of a third party.

Each personal injury lawsuit case is different, and it is impossible to predict with certainty how long it will take to resolve the matter.

There are common signs in litigation that you need to be aware as the case moves through the legal system.

The Complaint

The Complaint is the first legal document to be filed in a lawsuit. It outlines your legal claims, the damages you are seeking, and injury the manner in which the defendant(s) caused your injuries. It also contains the request to set an appropriate trial date.

The complaint is filed before the court and is served to the defendants. They have a particular deadline to respond with an answer or other response. This is when they deny the allegations in the lawsuit and state their defenses. Your lawyer may also mention a counterclaim or third party defendant at this point.

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

We will then prepare a Bill of Particulars. This is legal document that details the injuries you sustained and their total amount, which includes the cost of medical bills, lost wages and other losses in money. We will also prepare an application for relief that describes the compensation you are seeking. The demand is based on the medical treatment you received as well as other evidence that you have provided to your attorney. During the discovery phase, which makes up most of the duration of the lawsuit between us and the defendant will exchange information through various legal tools such as interrogatories, requests for admissions and requests for the production of documents. We may also request depositions of doctors and experts.

The Notice of Claim

New York law imposes special rules for lawsuits against municipalities and other governmental entities. These requirements include strict deadlines to file an action, and strict statutes that limit the time in which an action can be filed. In these situations it is essential to speak with a qualified injury law firm lawyer.

The first step in filing a claim against a municipality or government entity is to make a notice of Claim. The notice must be submitted in written form and notarized. It clearly identifies the person making the claim and provides enough information about the incident or accident to let the city agency know who is responsible for damages, injuries and losses. It also identifies the amount of the claim.

When the City receives this claim, it will acknowledge receipt and assign a claim number it. A Comptroller's Office examiner will be assigned to investigate the claim. They may ask for 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 name of the investigator assigned to your case. The examiner will then decide whether the City is responsible for your damages and, if it is, the amount to which you are entitled under the law. If you're unable to reach an agreement with the city, your case will go to trial.

The Discovery Phase

The Discovery Phase is a key part of any lawsuit because it permits you to get information and evidence from the other party. You can do this in a number of ways such as through written requests (called "discovery letters") and subpoenas. This process of discovery will help you build an argument that is strong and be successful in your case.

The first step in the discovery phase is to study the market. This is done by an experienced team of project managers who look at the market and its competitors to determine the latest trends, and the most effective solutions for your app.

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

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