How to File an Injury Lawsuit in New York

If you are seeking compensation for an injury triggered by negligence of a third party, you can file a formal lawsuit.

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

However there are a few commonly used legal terms that you should be aware as the case moves through the legal system.

The Complaint

The Complaint is the first legal document to be filed in the event of a lawsuit. It details your legal rights and the damages you are seeking and how the defendant(s) caused your injuries. It also contains the request for an initial trial date.

The complaint is filed in the court and served on the defendant(s). The defendants are given a deadline to file an answer or a response. Here they will deny the allegations and provide defenses. Your attorney can also include a counterclaim or third party defendant at this time.

Your lawyer will be able to support their argument by citing current law (including laws and decisions, as well as other cases from the courts where your case is being dealt with and also cases from other jurisdictions). This helps the judge discern why you believe the defendant is responsible for your injuries.

Then, we will prepare a Bill of Particulars. It is an official document that outlines your injuries and their total expense, including the cost of medical expenses, lost wages and other losses in money. We'll also draft an application for relief that details the compensation you are seeking. The demand is based on the medical treatment you received and any other evidence you provided to your lawyer. During the discovery stage which is the most of the time in litigation we will share information with the defendant using different legal tools such as requests to admit interrogatories and requests for the production of documents. We may also be able to take depositions of doctors and experts.

The Claim Notice

New York law has special rules for cases involving municipalities as well as other government entities. These requirements include strict deadlines for filing an action, as well as strict statutes that restrict the time that a lawsuit may be filed. In these instances it is essential to consult a qualified injury lawyer.

The first step in bringing a claim against any municipality or government entity is to file a Notice of Claim. The notice must be submitted in writing and notarized. It identifies the person who is submitting the claim. It also contains information about the accident or incident to notify the city agency who is accountable for the damages, injuries and injury losses. It also specifies the amount of the claim.

Once the City has received 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 may request additional information from you or from other sources. If you contact the city about your claim, the city will require you to provide your claim number and the details of the investigator assigned to your case. The investigator will determine if the City is accountable for your damages and, if it is it will determine the amount you're entitled to under the law. If you and the city are not able to come to an agreement your case may be tried in court.

The Discovery Phase

The Discovery Phase is a key part of any lawsuit because it allows you to obtain information and evidence from the other party. This can be done in a variety of ways by writing requests (called"discovery letters") and subpoenas. This discovery process will help you build a strong case to win your case.

The first step of the discovery process is to look at the current market conditions. This is carried out by an experienced team of project managers who study the market and its competitors to determine the newest trends, and the best options for your app.

This research also includes interviews with all stakeholders who can be a factor in the success of your project. This includes the owners of the product and administrators as well as the investors, end-users, and users. This information will assist you and your team to identify the main goals for your project, as well as how to evaluate success.

A well-planned discovery process will save you time and money. It will prevent misunderstandings and reduce the number of changes in the final product and provide you with an official scope document that will aid your software development partner determine a realistic estimate for the development process. This will aid you in avoiding the pitfalls of an undefined budget for your project and launch delays.