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How to File an Injury Lawsuit in New York You can start a lawsuit to seek compensation for injuries resulting from the negligence of a third party Each personal injury case will be unique and it is impossible to know how the case will last However there are some typical legal landmarks you should be aware of as the case moves through the system The Complaint A lawsuit starts with a legal document known as the Complaint It details the legal claims you have the damages you want to recover and how the defendants caused your injuries It also contains the request for the date of trial The complaint is filed in the court and then served to the defendants The defendants are given a deadline to file an answer or a response This is when they contest the allegations in the lawsuit and also state their defenses Your lawyer may also include the counterclaim of a thirdparty defendant at this time In the Complaint your lawyer will cite 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 will help the judge know why you believe the defendant is accountable for your injuries Then well draft Then we will prepare a Bill of Particulars This is a legal document which includes your injuries the total cost of them including medical bills lost wages and other monetary damages Well also create an application for relief that provides the compensation youre seeking The demand is based upon the medical treatment that you received and any other evidence you have provided to your lawyer During the discovery phase which is the reason for most of the lawsuit timeline between us and the defendant will exchange information through various legal tools including interrogatories requests for admissions and requests for 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 cases against municipalities and other government entities These rules stipulate strict deadlines to file an action and strict statutes that limit the time in which the lawsuit can be filed In these situations it is crucial to seek out a reputable injury lawyer The first step to file an action against a municipality or any other government entity is to file a Notice of Claim This document must be submitted in writing and notarized It identifies the individual who is making the claim It should also contain enough information about the accident or incident to notify the city agency who is responsible for the injuries damages and losses It also states a specific amount of the claim is made The City will acknowledge receipt of the claim and assign it a claim number An examiner from the Comptrollers Office will be assigned to investigate your claim and could require 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 determine whether the City is liable for your losses and if so 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 element of any lawsuit since it permits you to collect information and evidence from the opposing party It can be done through a variety of methods including through written requests called discovery letters and subpoenas This discovery process can help you create an argument that is strong and make your case successful The first step of the discovery phase is to analyze the market This is done by an experienced team of project managers who examine the market and its competitors to determine the latest trends as well as the best solutions for your app This research also includes interviews with all stakeholders that could be instrumental in the success of your project This includes product owners and administrators as well as endusers investors and users injury lawyer clovis of the data from these sources will help your team define the key goals of your project as well as determine the best way to measure its success A wellorganized discovery phase will save your time and money It will avoid misunderstandings reduce the amount of modifications to the final product and provide you with a formal scope document that will aid your software development team to make a precise estimate of the development process This will help you to avoid the risks associated with the undefined budget of your project or delays in the launch
