How to File an Injury Lawsuit in New York

If you are seeking compensation for an injury attorney caused through the negligence of a third party you may file a formal lawsuit.

Every personal injury attorney case is individual and therefore it is impossible to know how long the case will take.

There are some common landmarks in litigation that you need to be aware of as the case moves through the court system.

The Complaint

The Complaint is the first legal document that must be filed in a lawsuit. It details the legal claims you have, the damages you want to recover, and what the defendant(s) caused your injuries. It also contains the request to set the date of trial.

The complaint is filed in the court, and then served to the defendants. They have a specific deadline to make an answer or another response. This is where they claim to be defensible in the lawsuit and state their defenses. Your attorney can also include the counterclaim of a third-party defendant at this point.

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

Then, we'll prepare the Bill of Particulars. It is legal document that details the injuries you sustained and their total amount, which includes the cost of medical expenses, lost wages and other monetary losses. We'll also draft an order for relief that details the compensation you are seeking. The demand is based on the medical treatment you received and other evidence that you have provided to your attorney. During the discovery phase, which accounts for the majority of the timeline for lawsuits between us and the defendant will exchange information through various legal tools, including interrogatories, requests for admissions and requests for the production of documents. We may also ask for the deposition of doctors and experts.

The Claim Notice

New York law has special rules in cases involving municipalities and other government agencies. These rules include strict deadlines for filing of claims and strict statutes of limitation in the circumstances where a lawsuit could be filed. It is crucial to consult an experienced injury lawyer in these situations.

The first step in filing a claim against a municipality or government entity is to submit a Notice of Claim. This document should be submitted in writing and notarized. It identifies the person who is submitting the claim. It should also contain enough details about the accident incident to let the city agency know who is responsible for the damage, injuries and losses. It also specifies the amount of the claim.

After the City receives the claim it will acknowledge receipt and assign a claim number it. A Comptroller's Office examiner will be assigned to investigate the claim. They might request additional information from you or from other sources. If you contact the City about your claim, the City will ask you to give your claim number as well as the name of the investigator assigned your case. The examiner will determine if the City is responsible for your damages, and if so it will determine the amount you're entitled to under the law. If you and the city are not able to reach an agreement, your case may be heard in court.

The Discovery Phase

The Discovery Phase is an important aspect of any lawsuit because it lets you gather information and evidence about the other party. You can accomplish this through a variety of methods that include written requests (called "discovery letters") and subpoenas. This discovery process will help you build an argument that is strong and succeed in proving your case.

The first step in the discovery phase is to analyze the market. This is accomplished by a knowledgeable team of project managers who study the market and its competitors to determine the latest trends, as well as the most effective solutions for your app.

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

A well-executed discovery phase can save you both time and money. It will help eliminate miscommunications as well as reduce the amount of changes in the final product and provide you with a formal scope document that will assist your software development partner determine a realistic estimate for the development process. This will help you avoid the pitfalls of an undefined budget for your project and delays in the launch.