How to File an Injury Lawsuit in New York

If you want to recover compensation for an injury triggered by another party's negligence, you can bring a formal lawsuit.

Every personal injury attorneys case will be unique and it is impossible to know how long the case will take.

However there are a few commonly used legal terms that you should be aware of as the case progresses through the court system.

The Complaint

The Complaint is the first legal document that must be filed in the event of a lawsuit. It outlines the legal claims you have, the damages you are seeking, and what the defendant(s), caused your injuries. It also includes a request for an appointment for a trial.

The complaint is filed in the court and served on the defendant(s). The defendants have a deadline for filing an answer or other response. This is the time to deny the allegations in the lawsuit, and also state their defenses. At this stage, your attorney may also make a counterclaim, or a third-party defendant.

In the Complaint, the lawyer will reference existing law (including laws and decisions of the courts in which the case is being heard, and cases from other jurisdictions) in support of their arguments. This helps the judge to know why they believe the defendant is liable for your injuries.

Then, we'll prepare then a Bill of Particulars. It is a legal document which lists your injuries, their total cost, including medical bills, lost wages and other damages. We'll also create a demand Injury Lawsuit for relief that details the compensation you are seeking. The demand is based on the medical treatment that you received as well as any other evidence you gave to your lawyer. During the discovery phase which comprises the majority of the timeframe for litigation, we will exchange information with the defendant using various legal tools, like requests to admit, interrogatories, and requests for the production of documents. We can also conduct depositions of doctors and experts.

The Notice of Claim

New York law has special rules in cases involving municipalities and other government agencies. These rules include strict deadlines for the filing of a claim and strict statutes of limitation in which a lawsuit can be filed. It is critical to consult an experienced attorney for injuries in these circumstances.

The first step in the process of claiming against a municipality or governmental entity is filing a Notice of Claim. The document must be filed in writing and notarized. It identifies who is making the claim, and contains enough details about the incident or accident to help the city agency understand who is responsible for damages, injuries and losses. It also states a specific amount to which the claim is filed.

After the City receives the claim it will acknowledge receipt and assign a claim number to it. An examiner from the Comptroller's Office will be assigned to investigate your claim and could request additional information from you or other sources. If you contact the city regarding your claim, you are asked to provide your claim number and the name of the examiner assigned to your case. The investigator will determine if the City is accountable for your damages and, if so it will determine the amount you're entitled to under the law. If you and the city cannot agree on a solution the case could go to trial.

The Discovery Phase

The Discovery Phase is a key element of any lawsuit since it permits you to collect information and evidence from the other party. You can accomplish this by various methods that include written requests (called "discovery letters") and subpoenas. This discovery process will help you build a strong case to win your case.

The first step in the discovery phase is to research the market. This is performed by a team of experienced project managers who study the market and its competitors to identify the most recent trends, and the most efficient solutions for your application.

This research includes interviews with all the stakeholders who could be involved in the success of your project. This includes the owners of the product administrators, users, and investors. The analysis of the data from these sources will help your team determine the principal objectives of your project and define the criteria for measuring its success.

A properly conducted discovery phase will save you time and money. It will cut down on the amount of changes required to the final product, avoid miscommunications and provide an official scope of work document that will help your software partner determine the development process with precision. This will aid you in avoiding the pitfalls of a poorly-defined project budget and delays in launching.