How to File an Injury Lawsuit in New York

If you want to recover compensation for an injury caused by another party's negligence, you may start a lawsuit.

Every personal injury case is unique and it is difficult to predict with certainty how long it will take to conclude the matter.

There are a few standard landmarks in litigation that you should be aware of as the case progresses through the court system.

The Complaint

A lawsuit begins with a legal document dubbed the Complaint. It details the legal claims you have, the damages you are seeking, as well as what the defendant(s) caused your injuries. It also contains a request to set an appointment date for trial.

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. This is the time to reject the allegations made in the lawsuit and present their defenses. At this stage, your attorney may also file a counterclaim or 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) in support of their arguments. This helps 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 a legal document that will list your injuries and their total cost including medical bills, lost wage as well as other damages. We will also draft an application for relief that describes the compensation you are seeking. The demand is dependent on the medical treatment you received as well as other evidence you've provided to your attorney. During the discovery phase, which makes up most of the lawsuit timeline between us and the defendant will exchange information using various legal tools such as requests for admissions, interrogatories and requests for the production of documents. We may also ask for the deposition of doctors and experts.

The Notice of Claim

New York law imposes special rules for lawsuits against municipalities and injury other government entities. These rules stipulate strict deadlines for filing of a claim, as well as strict statutes of limitations within which a lawsuit can be brought. In these cases, it is important to speak with a qualified injury lawyer.

The first step to making a claim against a municipality or government entity is to file a Notice of Claim. This document must be in written form and notarized. It identifies the person who is making the claim and contains enough information about the accident or incident to inform the city agency who is accountable for the damage, injuries and losses. It also specifies the amount of the claim.

The City will acknowledge receipt of the claim and assign it a claim number. A Comptroller's Office examiner will be assigned to investigate the claim. They could request additional information from you or from other sources. If you contact the City regarding your claim you will be asked to reference your claim number as well as the name of the examiner assigned to your case. The examiner will then determine whether the City is liable for injury your damages and, if so the amount to which you are entitled under the law. If you and the city are unable agree on a solution, your case may go to trial.

The Discovery Phase

The Discovery Phase is a key element of any lawsuit since it permits you to get information and evidence from the other party. You can accomplish this by many different ways, including written requests (called "discovery letters") and subpoenas. This process of discovery can help you create a solid case and succeed in proving your case.

The first step of the discovery phase is analyzing the current market conditions. This is performed by a team of experienced project managers who analyze the market and its competitors to identify the most recent trends, the most effective solutions for your app, and how to implement them effectively.

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

A well-organized discovery phase will save you time and money. It will avoid misunderstandings and reduce the number of revisions to the final product, and provide you with an official scope document that will aid your software development team make an accurate estimate for the development process. This will ensure that you don't fall victim to the traps of an undefined budget for your project and delays in launching.