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How to File an Injury Lawsuit in New York
You can bring a lawsuit in order to seek compensation for injuries that were caused by the negligence of a third party.
Every personal injury case is individual and therefore it is impossible to know how the case will last.
There are a few standard landmarks in litigation that you should 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 describes your legal rights as well as the damages you're seeking, and the manner in which the defendant(s) caused your injuries. It also includes an 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 other response. Here they will deny the allegations and provide defenses. At this moment, your attorney could also file a counterclaim or a third-party defendant.
In the Complaint, your lawyer will reference existing law (including laws and decisions of the courts in which the case is being considered as well as cases from other jurisdictions) to support their arguments. This helps the judge discern why you believe the defendant is accountable for your injuries.
Then, we will prepare the Bill of Particulars. It is an official document that outlines your injuries as well as their total expense, including the cost of medical bills, lost wages and other monetary losses. We will also prepare an application for relief that describes the compensation you're seeking. The demand is based on the medical treatment that you received as well as any other evidence you have provided to your lawyer. During the discovery phase which comprises the majority of the timeline for litigation we will share information with the defendant using different legal tools, such as requests to admit, interrogatories, and requests for the production of documents. We may also be able to take depositions of doctors and experts.
The Notice of Claim
New York law imposes special rules for lawsuits against municipalities and other government entities. These rules stipulate strict deadlines for the filing of claims and strict statutes of limitation in which a lawsuit can be brought. In these situations it is essential to consult a qualified injury lawyer.
The first step to file a claim against a municipality or another governmental entity is filing a Notice of Claim. The notice must be submitted in written form and notarized. It identifies the individual who is submitting the claim. It should also contain enough details regarding the accident or incident to let the city agency know who is accountable for the damage, injuries and losses. It also states a specific amount to which the claim is filed.
After the City receives this claim it will acknowledge receipt and assign a claim number to it. 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 as well as the name of the person assigned to your case. The examiner will determine whether the City is responsible for your losses and, if so the amount you are entitled to under the law. If you fail to reach an agreement with 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. This can be accomplished through a variety of methods which include written requests (called "discovery letters") and subpoenas. The process of discovery can help you build a strong case and make your case successful.
The first step in the discovery phase is to look at the market. This is performed by a team of experienced project managers who look at the market and its competitors to determine the newest trends, and the most efficient solutions for your application.
This research also includes interviews with all stakeholders who 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 help you and your team to identify the main goals for your project, as well as how to determine the success of your project.
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