How to File an Injury Lawsuit in New York

You can start a lawsuit to seek compensation for any injuries resulting from the negligence of a third party.

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

There are a few standard landmarks in litigation that you need to be aware as the case progresses through the legal system.

The Complaint

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

The complaint is filed in the court and served on the defendant(s). The defendants have a date for filing an answer or other response. They will respond to the allegations and injury lawyers outline their defenses. At this point, your attorney can also add a counterclaim or a third-party defendant.

In the Complaint, your lawyer will cite existing law (including the laws and decisions of the courts where the case is being considered as well as cases from other jurisdictions) in support of their arguments. This helps the judge discern why you believe the defendant is responsible for your injuries.

Then, we'll prepare an Bill of Particulars. It is a legal document that details your injuries, their total costs, including medical bills, lost wages and other financial damages. We will also prepare an application for relief that describes the compensation you are seeking. The demand is dependent on the medical treatment you received and other evidence that you have provided to your attorney. During the discovery phase which is the majority of the timeline for litigation, we will exchange information with the defendant using different legal tools such as requests for admission interrogatories, requests for the production of documents. We may also take depositions of doctors and experts.

The Notice of Claim

New York law imposes special rules for cases against municipalities and other governmental entities. These requirements include strict deadlines for the filing of claims and strict statutes of limitation in which a lawsuit may be brought. In these instances it is imperative to consult a qualified injury lawyer.

The first step in a claim against a municipality or governmental entity is filing a Notice of Claim. This document must be filed in written form and notarized. It identifies who is submitting the claim and provides enough details regarding the accident or incident to inform the city agency who is accountable for the injuries, damages and losses. It also provides a specific amount for which the claim is made.

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 ask for additional information from you or from other sources. If you contact the City about your claim you will be asked to reference your claim number and the name of the investigator assigned to your case. The examiner will decide whether the City is responsible for your damages and, if yes, the amount to which you are entitled under the law. If you and the city are unable come to an agreement, your case may be tried in court.

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. This can be done in a number of ways that include written requests (called"discovery letters") and subpoenas. This process of discovery can help you build a strong case to make your case successful.

The first step in the discovery phase is to research the market. This is performed by a group of experienced project managers who study the market and its competitors to identify the most recent trends, the best possible solutions for your app and how to implement them effectively.

This research also includes interviews with all stakeholders who could be instrumental in the success of your project. This includes product owners and administrators as well as the end-users, investors and users. The analysis of the data from these sources will help your team identify the key goals of your project and define the criteria for measuring its success.

A well-organized discovery phase will save your time and money. It will decrease the amount of changes needed to the final product, remove doubts and provide you with an official scope of work document that will help your software vendor estimate the development process accurately. This will help you avoid the pitfalls of a poorly-defined project budget and delays in the launch.