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How to File an Injury Lawsuit in New York

You can file a lawsuit to seek compensation for injuries resulting from the negligence of another party.

Every personal injury case is individual and therefore it is impossible for us to predict how long the case will take.

There are some common landmarks in litigation that you should be aware of as the case moves through the court system.

The Complaint

A lawsuit starts with a legal document dubbed the Complaint. It outlines the legal claims you have, the damages that you are seeking, and how the defendant(s) caused your injuries. It also contains the request for the trial date.

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. They will then deny the allegations and outline their defenses. At this stage, your attorney may also add a counterclaim or a third-party defendant.

Your attorney will support their arguments by citing existing law (including laws, decisions, and other cases from the courts where your case is being handled and also cases from other jurisdictions). This will help the judge comprehend why they believe that the defendant is responsible for your injuries.

We will then prepare an Bill of Particulars. This is a legal document that lists your injuries, the total cost of them, including medical bills, lost wages and other financial damages. We'll also draft a demand for relief that provides the compensation you're seeking. The demand is dependent on the medical treatment you received as well as other evidence you have provided to your attorney. During the discovery phase, which accounts for most of the lawsuit timeline both the defendant and we will exchange information using a variety of legal tools, including interrogatories, requests for admissions and requests for the production of documents. We could also depose experts and doctors.

The Claim Notice

New York law has special rules for cases involving municipalities as well as other government entities. These rules stipulate strict deadlines for filing of a claim and strict statutes of limitations in which a lawsuit can be filed. In these instances it is crucial to seek out a reputable injury lawyer.

The first step to filing a claim against a municipality or government entity is to file a Notice of Claim. This document must be submitted in writing and notarized. It identifies who is making the claim, and includes enough details about the incident or accident to help the city authority know who is accountable for damages as well as losses. It also provides the amount of the claim.

When the City receives this claim it will acknowledge receipt and assign a claim number to it. A Comptroller's Office examiner will be assigned to investigate the claim. They might request additional information from you or from other sources. If you contact the city about your claim, the city will ask you to provide your claim number and the 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 injury attorney bellingham and the city are unable reach a settlement, your case may be heard in court.

The Discovery Phase

The Discovery Phase is a key element of any lawsuit since it permits you to obtain information and evidence from the other party. You can accomplish this by a variety of methods such as through written requests (called"discovery letters") and subpoenas. This discovery process can help you construct a solid case and make your case successful.

The first step in the discovery phase is to study the 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, and the best options for your app.


This research also includes interviews with all stakeholders who could be instrumental in the success of your project. This includes product owners and administrators as well as the investors, end-users, and users. The analysis of the information from these sources will help your team define the key goals of the project and define the criteria for measuring its success.

A well-planned discovery process will save you time and money. It will limit the number of modifications to the final product, remove misunderstandings and give you an official scope document that will help your software partner determine the development process with precision. This will help you to avoid the problems that come with an undefined budget for your project or delays in launching.

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