How to File an Injury Lawsuit in New York

If you want compensation for an injury caused by negligence of a third party, you can start a lawsuit.

Each personal injury case will be individual and therefore it is impossible for us to predict how long the case will take.

However, there are a few commonly used legal terms that you must be aware of as the case progresses through the legal system.

The Complaint

A lawsuit starts with a legal document dubbed the Complaint. It lists the legal claims you have, the damages that you are seeking, and how the defendant(s), caused your injuries. It also contains an request to establish an appointment date for trial.

The complaint is filed in court and served on the defendant(s). They are given a deadline to make an answer or another response. This is when they claim to be defensible in the lawsuit and state their defenses. At this moment, your attorney could also make a counterclaim, or a third-party defendant.

In the Complaint, your lawyer will reference the existing law (including the laws and decisions of the courts where the case is currently being handled, and cases from other jurisdictions) in support of their arguments. This will help the judge comprehend why they believe that the defendant is responsible for your injuries.

Then, we will prepare a Bill of Particulars. It is legal document that details your injuries and their total expense, including the cost of medical bills, lost wages and other financial losses. We'll also create an application 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 makes up the majority of the timeframe for litigation we will share information with the defendant using different legal tools, such as admission requests interrogatories, 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 that apply to municipal entities as well as other government agencies. These requirements include strict deadlines for filing of a claim, as well as strict statutes of limitations under which a lawsuit can be brought. It is critical to consult an experienced injury attorney lawyer in these instances.

The first step in an action against a municipality or another government agency is to file a Notice of Claim. This document should be in written form and notarized. It identifies who is making the claim, and provides enough information about the incident or accident to let the city authority know who is accountable for damages as well as losses. It also identifies 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 request additional information from you or other sources. Whenever you contact the City regarding your claim, you will be asked to provide your claim number as well as the name of the examiner assigned to your case. The examiner will determine whether the City is liable for injury lawsuit your damages and, if so, the amount to which you are entitled under the law. If you and the city are unable to agree on a solution the case could be heard in court.

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. You can do this through many different ways such as written requests (called "discovery letters") and subpoenas. This discovery process can help you create a solid case and make your case successful.

The first step in the discovery phase is to research the market. This is performed by a skilled team of project managers who analyze the market and its competitors to identify the most recent 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 end-users, investors, and users. This will assist you and your team determine the primary goals of your project, and how to evaluate the success of your project.

A properly conducted discovery phase will save you time and money. It will limit the amount of changes required to the final product, eliminate confusion and provide you with an official scope document which will assist your software partner estimate the development process accurately. This will ensure that you don't fall victim to the traps of a project budget that is not clearly defined and launch delays.