How to File an Injury Lawsuit in New York

If you want compensation for an injury triggered by negligence of a third party, you may make a formal claim.

Each personal injury law firm case will be unique and it is impossible to know how the case will last.

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

The Complaint

A lawsuit starts with a legal document called the Complaint. It describes your legal rights and the damages you're seeking, and the way in which the defendant(s) caused your injuries. It also contains the request to set a trial date.

The complaint is filed in court and served on the defendant(s). They have a particular deadline to make an answer or another response. Here they will deny the allegations and provide defenses. At this point, your attorney can also file a counterclaim or a third-party defendant.

Your attorney will back his arguments by citing existing law (including laws or decisions as well as cases from the courts where your case is being handled and also cases from other jurisdictions). This helps the judge to understand why you believe that the defendant is accountable for your injuries.

We will then prepare a Bill of Particulars. It is a legal document that will list your injuries and their total costs, including medical bills, lost wage and other damages. We'll also prepare an application for relief that provides the compensation you're seeking. The demand is based upon the medical treatment you received as well as any other evidence you provided to your lawyer. During the discovery stage, which takes up the most of the time in litigation we will discuss information with the defendant using different legal tools, such as requests to admit interrogatories and requests for the production of documents. We may also depose experts and doctors.

The Claim Notice

New York law imposes special rules for cases against municipalities and other governmental entities. These rules contain strict deadlines for filing a claim, Injury Lawsuit and strict statutes that restrict the length of time during which an action can be filed. In these instances it is essential to seek out a reputable injury lawyer.

The first step to file an action against a municipality, or any other government agency is to file a Notice of Claim. This document should be submitted in writing and notarized. It identifies the person who is submitting the claim. It also contains details about the accident incident to inform the city agency who is accountable for the injuries, damages and losses. It also provides the amount of the claim.

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 may require additional information from you or other sources. If you contact the City regarding your claim, the City will require you to provide your claim number and details of the investigator assigned to your case. The examiner will decide whether the City is liable for your losses 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 part of any lawsuit, since it permits you to obtain details and evidence about the other party. You can do this through a variety of methods that include written requests (called "discovery letters") and subpoenas. The process of discovery can help you to build an argument that is persuasive and help you succeed in proving your case.

The first step of the discovery phase is to analyze the market conditions. This is done by an experienced team of project managers who study the market and its competitors to determine the most current trends, and the most efficient solutions for your application.

This research also includes interviews with all stakeholders who can help in the success of your project. This includes product owners and administrators as well as the investors, end-users, and users. The analysis of the data from these sources will help your team determine the main objectives of your project and determine the best way to measure its success.

A properly conducted discovery phase will save you time and money. It will decrease the number of modifications to the final product, eliminate doubts and provide you with an official scope document that will help your software partner estimate the development process accurately. This will allow you to avoid the dangers of the undefined budget of your project or delays in launching.