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.

Each personal injury lawyer case is different, and it is impossible to say for sure how long it will take to conclude the matter.

However there are a few typical legal landmarks you should be aware of as the case moves through the system.

The Complaint

A lawsuit begins with a legal document called the Complaint. It describes your legal rights and the damages you are seeking, and the way in which the defendant(s) caused your injuries. It also includes an request to establish the date of trial.

The complaint is filed in court and served on the defendant(s). The defendants have a time limit for filing an answer or other response. They will then deny the allegations and state their defenses. At this point, your lawyer can also make a counterclaim, or a third-party defendant.

Your lawyer will support their argument by citing current law (including laws, decisions, and other cases from the courts in which your case is currently being handled and also cases from other jurisdictions). This helps the judge to understand why they think that the defendant is liable for your injuries.

Then, we'll draft the Bill of Particulars. This is legal document that details your injuries and their total cost, including the costs of medical expenses, lost wages and other monetary losses. We can also prepare an application for relief that will detail the compensation you are seeking. The demand is based upon the medical treatment that you received as well as any other evidence you provided to your lawyer. During the discovery phase, which is the reason for the majority of the timeline for lawsuits, we and the defendant will exchange information using a variety of legal tools such as requests for admissions, interrogatories and 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 government entities. These rules include strict deadlines to file an action, and strict statutes that restrict the length of time during which a lawsuit can be filed. It is critical to consult an experienced attorney for injuries in these circumstances.

The first step to file making a claim against a municipality, or any other government agency is to file a Notice of Claim. The document must be filed in writing and notarized. It identifies who is making the claim. It should also contain enough details about the accident or incident to notify the city agency who is responsible for the damage, injuries and losses. It also identifies a specific amount for which the claim is filed.

The City will acknowledge receipt of the claim and assign it a claim number. An examiner from the Comptroller's Office will be assigned to investigate your claim and injuries could request additional information from you or other sources. When you contact the City about your claim, you are asked to provide your claim number and the name of the examiner assigned to your case. The examiner will then determine whether the City is liable for your losses and, if it is, the amount to which you are entitled under the law. If you and the city cannot come to an agreement, your case may be tried in court.

The Discovery Phase

The Discovery Phase is an important element of any lawsuit because it allows you to gather details and evidence about the other party. You can accomplish this in a variety of ways, including through written requests (called"discovery letters") and subpoenas. The process of discovery can help you to build an argument that is strong and will win your case.

The first step in the discovery phase is analyzing the current market conditions. This is done by an experienced team of project managers who examine the market and its competitors to identify the most recent trends, and the most efficient solutions for your app.

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

A properly conducted discovery phase will save you time and money. It will help eliminate miscommunications as well as reduce the amount of changes to the final product and provide you with an official scope document that will aid your software development team determine a realistic estimate for the development process. This will ensure that you don't fall victim to the traps of undefined project budget and delays in launching.