How to File an Injury Lawsuit in New York
When you seek compensation for an injury sustained by negligence of a third party, you may bring a formal lawsuit.
Each personal injury case is unique and it is impossible for us to predict how long the case will take.
There are a few common pitfalls in litigation that you should be aware as the case moves through the system.
The Complaint
A lawsuit starts with a legal document dubbed the Complaint. It lists the legal claims you have, the damages you seek, and how the defendant(s) caused your injuries. It also includes the request for an appointment date for trial.
The complaint is filed with the court and served on the defendant(s). The defendants have a time limit to file an answer or another response. This is when they deny the allegations in the lawsuit and provide their defenses. At this point, your lawyer can also add 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 being heard as well as cases from other jurisdictions) to support their arguments. This will help the judge understand why they think that the defendant is accountable for your injuries.
We will then prepare the Bill of Particulars. It is an official document that lists the extent of your injuries and their cost, including the costs of medical expenses, lost wages and other financial losses. We can also prepare an application for relief that describes the compensation you’re seeking. The demand is based on the medical treatment you received and any other evidence you gave to your lawyer. During the discovery phase, which is the reason for the majority of the timeline for lawsuits between us and the defendant will exchange information with the help of various legal tools such as requests for admissions, interrogatories and requests for production of documents. We may also ask for the deposition of experts and doctors.
The Notice of Claim
New York law imposes special rules for cases against municipalities and other government entities. These rules contain strict deadlines for the filing of a claim and strict statutes of limitations in the circumstances where a lawsuit could be filed. In these situations it is crucial to speak with a reputable injury lawyer.
The first step in filing a claim against any municipality or government entity is to make a notice of Claim. The document must be filed in writing and notarized. It identifies who is making the claim and contains enough details about the incident or accident to help the city’s agency know who is responsible for damages and injuries, as well as the loss. It also identifies the amount of the claim.
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. When you contact the City about your claim you will be asked to mention your claim number as well as the name of the person assigned to your case. The examiner will then decide whether the City is liable for your damages and, if so the amount to which you are entitled under the law. If you are unable reach an agreement with the city, your case will go to trial.
The Discovery Phase
The Discovery Phase is an important aspect of any lawsuit because it lets you gather details and evidence about the other party. You can accomplish this in a number of ways that include written requests (called “discovery letters”) and subpoenas. The process of discovery can help you build an argument that is convincing and succeed in proving your case.
The first step in the discovery phase is to look at the market. This is accomplished by a knowledgeable team of project managers who analyze the market and its competitors to determine the most current trends, as well as the most effective solutions for your application.
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 will assist you and your team determine the primary goals of your project, and how to determine the success.
A well-organized discovery phase will save your time and money. It will reduce the amount of changes needed to the final product, remove doubts and attorneys provide you with an official scope document which will assist your software partner estimate the development process accurately. This will assist you in avoiding the dangers of undefined project budget and launch delays.