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How to File an Injury Lawsuit in New York

You can make a claim for compensation for injuries that were caused by the negligence of another party.

Each personal injury case is unique, and it is impossible to determine for certain how long it will take to resolve the issue.

However there are a few common litigation landmarks that you should be aware of as the case progresses through the system.

The Complaint

The Complaint is the first legal document to be filed in the event of a lawsuit. It details the legal claims you have, the damages you are seeking, as well as what the defendant(s), caused your injuries. It also includes a request for a trial date.


The complaint is filed with the court and then served to the defendants. The defendants have a date to file an answer or another response. This is where they contest the allegations in the lawsuit and provide their defenses. At this moment, your attorney could also add a counterclaim or a third-party defendant.

In the Complaint, your lawyer will reference the existing law (including the laws and decisions of the courts in which the case is being considered, and cases from other jurisdictions) in support of their arguments. This helps the judge to know why they believe the defendant is accountable for your injuries.

Then, we will prepare Then, we will prepare a Bill of Particulars. This is legal document that details your injuries and their total amount, which includes the cost of medical bills, lost wages and other monetary losses. We will also draft an application for relief that details the compensation that you're seeking. The demand is based on the medical treatment you received as well as other evidence you've provided to your attorney. During the discovery stage, which takes up the majority of the timeframe for litigation, we will exchange information with the defendant by using various legal tools, such as admission requests interrogatories and requests for the production of documents. We may also take depositions of doctors and experts.

The Claim Notice

New York law has special rules for cases involving municipalities as well as other government agencies. These requirements include strict deadlines to file claims, as well as strict statutes that limit the time that an action can be filed. In these cases it is imperative to speak with a reputable injury lawyer.

The first step to file making a claim against a municipality, or any other government entity is to file a Notice of Claim. This document must be filed in writing and notarized. It identifies the individual who is making the claim and contains enough information about the accident or incident to let the city agency know who is responsible for the injuries, damages and losses. It also details 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 need 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 examiner will then determine whether the City is liable for your losses and, if it is, the amount to which you are entitled under the law. If you and the city are not able to reach a settlement, your case may be heard in court.

The Discovery Phase

The Discovery Phase is a key component of any lawsuit as it permits you to obtain information and evidence from the opposing party. It can be done through various methods such as written requests (called "discovery letters") and subpoenas. This process of discovery will help you create an argument that is strong and will make your case.

The first step of the discovery phase is to analyze the market conditions. This is performed by a team of experienced project managers who analyze the market and its competitors to determine the most current trends, as well as the best options for your app.

This research involves interviews with all the stakeholders who can be a part of the success of your project. This includes product owners and administrators, as well as investors, end-users, and users. injury law firm evansville will assist you and your team to identify the main goals for your project, and how to measure the success of your project.

A well-planned discovery phase can save you time and money. It will cut down on the number of changes to the final product, avoid confusion and provide you with an official scope document which will help your software partner determine the development process with precision. This will aid you in avoiding the pitfalls of a poorly-defined project budget and delays in the launch.

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