How to File an Injury Lawsuit in New York
When you seek compensation for an injury sustained by the negligence of another party, you may file a formal lawsuit.
Each personal injury case is unique, and it is not possible for us to predict how the case will last.
There are some common landmarks in litigation that you need to be aware as the case moves through the court system.
The Complaint
A lawsuit starts with a legal document dubbed the Complaint. It details the legal claims you have, the damages you want to recover, and how the defendant(s) caused your
injuries. It also includes the request for the trial date.
The complaint is filed in the court, and then served to the defendants. They are given a deadline to submit an answer or a response. This is where they claim to be defensible in the lawsuit and present their defenses. Your lawyer may also include a counterclaim or third party defendant at this time.
In the Complaint, your attorney will reference the existing law (including laws and decisions of the courts in which the case is being heard as well as cases from other jurisdictions) to support their arguments. This helps the judge to understand why you believe that the defendant is accountable for your injuries.
Then, we will prepare the Bill of Particulars. This is a legal document which will list your injuries and their total costs, including medical bills, lost wage and other monetary damages. We will also draft an application for relief that will detail the compensation you're seeking. The demand is based upon the medical treatment that you received as well as any other evidence that you provide to your lawyer. During the discovery stage which comprises the most of the time in litigation We will exchange information with the defendant by using different legal tools, such as requests for admission interrogatories, as well as requests for the production of documents. We may also ask for the deposition of experts and doctors.
The Claim Notice
New York law has special rules for
Injuries cases involving municipalities as well as other government agencies. These rules include strict deadlines for the filing of a claim, as well as strict statutes of limitations in which a lawsuit may be filed. In these situations it is essential to consult a qualified
injury lawyer.
The first step in making a claim against a municipality or other governmental entity is filing a Notice of Claim. This document should be submitted in written form and notarized. It identifies the person who is submitting the claim and contains enough details about the accident or incident to let the city agency know who is responsible 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. Whenever you contact the City regarding your claim you are asked to provide your claim number as well as the name of the investigator assigned to your case. The examiner will determine if City is responsible for your damages and, if it is the amount you are entitled to under the law. If you and the city are unable come to an agreement then your case will be tried in court.
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. This can be accomplished through different methods, including written requests (called "discovery letters") and subpoenas. This discovery process will help you to build an argument that is strong and will make your case.
The first step in the discovery phase is to study the market. This is done by a team of experienced project managers who study the market and its competitors to determine the most current trends, and the most efficient solutions 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 end-users, investors, and users. This information will help you and your team to determine the primary goals of your project, and how to measure the success.
A well-planned discovery process will save you time and money. It will help eliminate miscommunications and reduce the number of changes in the final product, and provide you with a formal scope document that will aid your software development partner to make a precise estimate of the development process. This will help you to avoid the dangers of an undefined budget for your project or delays in launching.