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How to File an Injury Lawsuit in New York

If you are seeking compensation for an injury that was caused by negligence of a third party, you can bring a formal lawsuit.

Every personal injury case is different and it is not possible to predict with certainty how long it will take to conclude the matter.

However, there are a few common legal landmarks that you must be aware of as the case moves through the legal system.

The Complaint

A lawsuit starts with a legal document known as the Complaint. It describes your legal rights and the damages you are seeking, and the manner in which the defendant(s) caused your injuries. It also contains an application for a trial date.

The complaint is filed before the court and is served to the defendants. They are given a deadline to respond with an answer or other response. In this response, they will deny the allegations and state their defenses. At this stage, your attorney may also add a counterclaim or a third-party defendant.


Your attorney will support their argument by citing current law (including laws and decisions, as well as other cases from the courts in which your case is being dealt with, as well as cases from other jurisdictions). This will help the judge comprehend why they believe that the defendant is accountable for your injuries.

Then, we'll draft the Bill of Particulars. It is a legal document which details your injuries, their total cost including medical bills, lost wage as well as other damages. We will also prepare an application for relief which describes the compensation you're seeking. The demand is based on the medical treatment that you received and any other evidence that you provide to your lawyer. During the discovery phase which is the most of the time in litigation, we will exchange information with the defendant by using different legal tools, such as requests to admit, interrogatories, and requests for the production of documents. We could also depose doctors and experts.

The Notice of Claim

New York law imposes special rules for cases against municipalities and other government entities. These requirements include strict deadlines for the filing of claims and strict statutes of limitations under which lawsuits can be brought. It is vital to consult an experienced lawyer for injury in these cases.

injury law firm fort collins to file the process of claiming against a municipality or other governmental entity is filing a Notice of Claim. This document must be filed in writing and notarized. It identifies the person who is submitting the claim and contains enough details about the accident incident to notify the city agency who is responsible for the damages, injuries and losses. It also identifies 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 examine your claim and require additional information from you or other sources. If you contact the City regarding your claim you are asked to provide your claim number and the name of the person assigned to your case. The examiner will then determine whether the City is liable for your damages and, if it is, the amount to which you are entitled under the law. If you and the city cannot agree on a solution, your case may be heard in court.

The Discovery Phase

The Discovery Phase is a key part of any lawsuit because it permits you to obtain information and evidence from the opposing party. You can accomplish this by various methods such as written requests (called "discovery letters") and subpoenas. This discovery process will help you build a solid case and be successful in your case.

The first step in the discovery phase is to analyze the market conditions. This is performed by a skilled team of project managers who analyze the market and its competitors to determine the most current trends, and the most efficient solutions for your application.

This research also includes interviews with all stakeholders that could be instrumental in the success of your project. This includes the owners of the product as well as administrators, end-users, and investors. This information will assist you and your team to identify the main goals for your project, as well as how to determine the success.

A well-organized discovery phase will save your time and money. It will help eliminate miscommunications and reduce the number of revisions to the final product and provide you with an official scope document that will aid your software development partner to make a precise estimate of the development process. This will help you avoid the risks associated with an undefined budget for your project or delays in the launch.

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