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How to File an Injury Lawsuit in New York
You can bring a lawsuit in order to seek compensation for any injuries resulting from the negligence of another party.
Every personal injury case is unique, and it is not possible to know how long the case will take.
There are a few common pitfalls in litigation that you need to be aware of as the case progresses through the legal system.
The Complaint
The Complaint is the first legal document to be filed in the course of a lawsuit. It details the legal claims you have, the damages you seek, and what the defendant(s), caused your injuries. It also includes a request to set a trial date.
The complaint is filed before the court and is served to the defendants. They are given a time limit to respond with an answer or other response. This is when they contest the allegations in the lawsuit and present their defenses. At this stage, your attorney may also add a counterclaim as well as a third-party defendant.
Your attorney will back their argument by citing current law (including laws or decisions as well as cases from the courts in which your case is being handled as well as cases from other jurisdictions). This will help the judge discern why you believe the defendant is responsible for your injuries.
We will then prepare a Bill of Particulars. This is a legal document which will list your injuries and their total cost including medical bills, lost wages 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 and other evidence you have provided to your attorney. During the discovery phase, which is the reason for the majority of the timeline for lawsuits between us and the defendant will exchange information using various legal tools such as interrogatories, requests for admissions and requests for production of documents. We can also conduct depositions of experts and doctors.
The Notice of Claim
New York law imposes special rules for cases involving municipalities and other government entities. These requirements include strict deadlines for the filing of a claim as well as strict statutes of limitations under which lawsuits can be brought. In these situations it is crucial to consult a qualified injury lawyer.
The first step in making a claim against a municipality or government agency is to file a Notice of Claim. This document should be in writing and notarized. It identifies the individual who is making the claim and provides enough details about the accident incident to notify the city agency who is responsible for the damage, injuries and losses. It also provides the amount of the claim.
The City will acknowledge receipt of the claim and assign the claim a number. An examiner from the Comptroller's Office will be assigned to investigate your claim and may seek additional information from you or other sources. If you contact the city regarding your claim, the city will ask you to provide your claim number and name of the person who will be assigned to investigate your case. The investigator will determine if the City is accountable for your damages and, if so, what amount you are entitled to under the law. If you are unable reach an agreement with the city and the city, your case will go to trial.
The Discovery Phase
The Discovery Phase is a key component of any lawsuit as it permits you to get information and evidence from the opposing party. You can do this by a variety of methods, including through written requests (called “discovery letters”) and subpoenas. This process of discovery will assist you create an argument that is persuasive and help you make your case.
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A well-planned discovery process will save your time and money. It will cut down on the amount of changes needed to the final product, remove miscommunications and provide an official scope document which will assist your software partner determine the development process with precision. This will allow you to avoid the dangers of the undefined budget of your project or launch delays.
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