How to File an Injury Lawsuit in New York

When you seek compensation for an injury lawyer that was caused by another party's negligence, you may file a formal lawsuit.

Every personal injury case will be distinct and it's impossible to know how the case will last.

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

The Complaint

The Complaint is the first legal document to be filed in the event of a lawsuit. It describes your legal rights and the damages you're seeking, and the manner in which the defendant(s) caused your injuries. It also includes an request for a trial date.

The complaint is filed in court and served on the defendant(s). They have a particular deadline to file an answer or other response. This is where they reject the allegations made in the lawsuit and state their defenses. At this stage, your attorney may also add a counterclaim as well as a third-party defendant.

In the Complaint, your attorney will reference existing law (including the laws and decisions of the courts where the case is currently being handled and cases from other jurisdictions) to support their arguments. This will help the judge understand why you believe the defendant is accountable for your injuries.

Then, we'll draft the Bill of Particulars. This is a legal document that lists the extent of your injuries and their expense, including the cost of medical bills, lost wages and other monetary losses. We'll also prepare an order for relief that provides the compensation you're 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 stage, which takes up the majority of the litigation timeline we will discuss information with the defendant using different legal tools such as requests for admission interrogatories and requests for the production of documents. We could also depose doctors and experts.

The Claim Notice

New York law imposes special rules for cases involving municipalities and other governmental entities. These requirements include strict deadlines for filing a claim, and strict statutes that restrict the length of time during which the lawsuit can be filed. In these instances it is imperative to seek out a reputable injury lawyer.

The first step in bringing a claim against any municipality or government entity is to make a notice of Claim. The document must be filed in writing and notarized. It clearly identifies the person making the claim, and contains enough details about the incident or accident to let the city authority know who is responsible for damages and injuries, as well as the loss. It also provides a specific amount of the claim is filed.

Once the City has received 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 request additional information from you, or from other sources. If you contact the City about your claim you will be asked to provide your claim number and the name of the person assigned to your case. The examiner will then determine whether the City is responsible for your damages and, if so, the amount to which you are entitled under the law. If you and the city are not able to come to an agreement your case may go to trial.

The Discovery Phase

The Discovery Phase is an important element of any lawsuit as it allows you obtain information and proof about the other party. You can do this through many different ways which include written requests (called "discovery letters") and subpoenas. This discovery process can help you build a solid case and win your case.

The first step in the discovery phase is to research the market. This is carried out by a knowledgeable team of project managers who analyze the market and its competitors to identify the most recent trends, and injury the most effective solutions for your application.

This research involves interviews with all stakeholders that can contribute to the success your project. This includes the owners of the product and administrators along with end-users, investors and users. The analysis of information from these sources will help your team identify the principal goals of your project and determine how to measure its success.

A properly conducted discovery phase will save your time and money. It will reduce the number of modifications to the final product, remove doubts and provide you with an official scope document which will assist your software partner estimate the development process accurately. This will aid you in avoiding the pitfalls of an undefined budget for your project and launch delays.