Litigation Lawyers in Cedarhurst

If you are in Cedarhurst, 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 Cedarhurst, New York attorney.

When you retain a civil litigation lawyer in Cedarhurst, New York, they'll be able to give you some very useful advice, particularly in devising a strategy that maximizes your chances of winning your lawsuit. You'll probably also wonder how much this lawsuit is going to cost you, especially if you don't win. This largely depends on the attorney's fee structure. If the attorney charges an hourly rate, you will simply have to pay the lawyer for every hour they work. This can add up to a huge amount of money, very quickly. If they charge on a contingency basis, you do not have to pay any attorney's fees unless you win, and payment comes in the form of the percentage of the judgment. However, if you lose, you might still be responsible for costs, such as court fees, which are incurred no matter what happens to the case.

Steps for Filing a Lawsuit in Cedarhurst, New York

Consultation With Your Attorney: Before filing any lawsuit in Cedarhurst, New York, you should speak with a local attorney. Your Cedarhurst, New York attorney will be able to advise you on the merits of your lawsuit, and your chances of success.

Drafting the complaint: In Cedarhurst, New York, once you have decided to file a lawsuit, the first thing you usually have to do is draft a complaint. The complaint is a document that contains all of the allegations you're making against the defendant (the person whom you are suing). It usually must allege all of the facts necessary to constitute a cause of action, though in some systems, very few facts are strictly required to be alleged. It also typically has, at the end, a "prayer" (request) for relief. This final section tells the court what type of relief the plaintiff wants, should the court rule in the plaintiff's favor.

Serving The Defendant: After you draft your complaint, and file it with the court, you have to let the defendant know that they're being sued. The law of Cedarhurst, New York requires that the defendant be given advance notice of the lawsuit as a matter of basic fairness: if you were being sued, you'd want to be given time to find a lawyer and prepare your defense strategy, right? So, with that in mind, the law prefers that defendants be served personally, generally through the use of a paid process server.

Await The Response: The defendant has a certain amount of time to respond to your lawsuit, once they confirm that they've been served in Cedarhurst, New York. The defendant will probably respond with an answer to your complaint. An answer is a document in which the defendant admits or denies the specific factual allegations made by the plaintiff. Typically, the defendant will admit the allegations that are not seriously in dispute (for example, if the lawsuit concerns a car accident, they'll probably admit that an accident did, in fact, take place), but deny the more serious allegations (they'll probably deny that they were responsible for the accident). If the defendant fails to respond within a set period of time, they are in "default," and basically lose the case automatically.

How Can A Cedarhurst, New York Tort Lawyer Help?

As you can see, it can be a complicated and difficult process to file a lawsuit in Cedarhurst, New York, and it is, in fact, much more complicated than the basic outline you just read.

Therefore, if you want to file a lawsuit against someone in Cedarhurst, New York, you should not hesitate to speak with an attorney, who will be able to advise you on the best way to proceed.