How to File an Injury Lawsuit in New York

If you want compensation for an injury triggered by the negligence of another party, you can start a lawsuit.

Each personal injury case is unique, and it is impossible to predict with certainty how long it will take to settle the issue.

However there are some common litigation landmarks that you should be aware as the case progresses through the court system.

The Complaint

The Complaint is the first legal document that must be filed in a lawsuit. It lists the legal claims you have, the damages that you seek, and what the defendant(s) caused your injuries. It also includes a request to set an appointment date for trial.

The complaint is filed in court and served on the defendant(s). The defendants are given a deadline to file an answer or a response. This is where they deny the allegations in the lawsuit, and also state their defenses. Your lawyer may also mention an counterclaim or a third-party defendant at this point.

Your lawyer will be able to support his arguments by citing existing law (including laws or decisions as well as cases from the courts in which your case is currently being handled and also cases from other jurisdictions). This will help the judge know why you believe the defendant is accountable for your injuries.

We will then prepare then a Bill of Particulars. It is a legal document which includes your injuries, the total cost of them, including medical bills, lost wage and other damages. We can also prepare an application for relief that details the compensation that you're seeking. The demand is dependent on the medical treatment you received and other evidence you have provided to your attorney. During the discovery phase, which is the reason for most of the duration of the lawsuit, we and the defendant will exchange information with the help of various legal tools, including interrogatories, admissions requests and requests for production of documents. We can also conduct depositions of experts and doctors.

The Notice of Claim

New York law imposes special rules for lawsuits against municipalities and other government entities. These rules include strict deadlines for the filing of claims and injury strict statutes of limitations within the circumstances where a lawsuit could be brought. In these instances it is imperative to speak with a reputable injury lawyer.

The first step to file making a claim against a municipality or other government entity is to file a Notice of Claim. The notice must be submitted in writing and notarized. It identifies who is making the claim. It also contains information about the accident or incident to notify the city agency who is responsible for the injuries, damages and losses. It also details the amount of the claim.

The City will acknowledge receipt of the claim and assign the claim a number. A Comptroller's Office examiner will be assigned to investigate the claim. They may request additional information from you or from other sources. If you contact the City regarding your claim you are asked to provide your claim number as well as the name of the examiner assigned to your case. The examiner will decide whether the City is responsible for your damages and, if so the amount to which you are entitled under the law. If you are unable to reach an agreement with the city the case will go to trial.

The Discovery Phase

The Discovery Phase is an important element of any lawsuit since it permits you to obtain information and evidence about the other party. It can be done in a number of ways that include written requests (called"discovery letters") and subpoenas. This discovery process can help you build an argument that is strong and make your case successful.

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A properly conducted discovery phase will save your time and money. It will cut down on the number of modifications to the final product, avoid confusion and provide you with an official scope document that will assist your software partner determine the development process with precision. This will assist you in avoiding the dangers of an undefined budget for your project and delays in the launch.