Litigation Lawyers in Buffalo
If you are in Buffalo, New York and believe that some type of legal wrong has been committed against you, and decide that seeking legal redress will be worth the time and expense involved, you may wish to file a lawsuit.
If you think that filing a lawsuit is a good option in seeking redress, you should not rush into this decision. A lawsuit is a time-consuming and expensive process. You should not make a final decision without speaking to a Buffalo, New York attorney.
The Buffalo, New York attorney you end up contacting will be able to advise you on whether you have a good case. If you do, they will also advise you on your best options on how to proceed. Your lawyer can also inform you about what their fees are, and if they have multiple payment options.
Steps for Filing a Lawsuit in Buffalo, New York
Consultation with your attorney: Before you continue in any legal action in Buffalo, New York, you should speak with a brilliant local attorney in Buffalo, New York. Your legal counsel can make sure you have the best possible chance of winning your case, and help you decide if you should file your lawsuit in the first place.
Drafting a Complaint: Once you have decided to go through with filing a lawsuit in a Buffalo, New York court, you need to draft a complaint, with the help of your lawyer. A complaint is normally the first step in actually filing a lawsuit. The complaint is the plaintiff's first opportunity to lay out the allegations against the defendant. If a complaint doesn't allege facts that add up to a valid lawsuit (that is, even if everything alleged in the complaint is true, the defendant has still not committed a legal wrong that the court can compensate), the case will have to be dismissed. When a case is dismissed for this reason, the court normally gives the plaintiff a chance to re-submit the complaint, with the errors corrected.
Serving The Defendant: Once you have drafted your complaint, you need to serve the defendant with it, and file it with the court. Buffalo, New York requires that lawsuits be served on defendants in a particular way. This is to ensure that the defendant has a good deal of notice that they're being sued, giving them time to find an attorney, and work on how they're going to defend themselves. It is strongly preferred to serve defendants in person (with a disinterested third party delivering the papers to the defendant). Sometimes, however, the defendant cannot be found, or is trying to avoid service, they can be served by mail with court approval.
Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Buffalo, New York, the defendant has time to respond. They normally do so by drafting an answer to the complaint, in which they deny the plaintiff's allegations, or assert a legal defense. If the defendant fails to respond within a set period of time, they will be in default, and you may be able to get a "default judgment" against them, in which all of your allegations against the defendant are treated as if the defendant admitted them, and you only need to show that you've suffered losses that warrant the damages you're asking for.
How Can A Buffalo, New York Tort Lawyer Help?
As you can see, it can be a complex and difficult process to file a lawsuit in Buffalo, New York, and it is, in fact, much more complex than the basic outline you just read.
Therefore, it is crucial that you consult a qualified civil litigation attorney before you file any type of lawsuit in Buffalo, New York.