Filing a Lawsuit in Commack, New York

Find the right Litigation attorney in Commack, NY

Litigation Lawyers in Commack

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

When you hire a civil litigation lawyer in Commack, 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 Commack, New York

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

Drafting The Complaint: In Commack, New York, the first step to filing a lawsuit, once you've actually decided to do so (in consultation with your attorney), is writing a complaint. A complaint is simply a list of facts that you allege against the defendant. A court must look at these allegations and determine if they add up to a valid cause of action, assuming they're true. If they do not add up to a cause of action, the case may be dismissed. The complaint also typically ask the court to provide specific relief, should it 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 Commack, 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, usually through the use of a paid process server.

Await the Response: The defendant in Commack, New York has an opportunity to respond to the allegations against them. They have various options in how they respond to a lawsuit. They can move to dismiss the case (arguing that, even if everything the complaint alleges is true, they would still not be liable for anything), or they can file with the court, and serve upon the plaintiff an answer. An answer is a point-by-point disposal of every allegation against the defendant. The defendant can admit the allegations, deny them, or claim that they do not have enough information to admit or deny them (which basically operates as a denial). Typically, the defendant will admit the inconsequential allegations, so they don't have to be litigated (if the lawsuit is about a car accident involving the plaintiff and defendant, they'll probably go ahead and admit that the accident took place), but deny any allegation that could establish liability, if true (they'll deny responsibility for the car accident, for example). If the defendant does not respond by the deadline, they will have a default judgment entered against them, and automatically lose the case.

How Can A Commack, New York Tort Lawyer Help?

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

You should seek the advice of a knowledgeable litigation attorney if you are planning on filing a lawsuit against somebody who you think has wronged you in Commack, New York.

Talk to a Law Attorney now!

Life in Commack

Commack, New York gets its name from its former Indian inhabitants, the Secatogue tribe who named the area, "Pleasant Land." And pleasant is an apt word to describe Commack, which is a lovely city home to just under 40,000 residents. In the early days of Commack, indians gathered in the area because of the fertile soil, wildlife, and wood to make fires.

Commack, New York is a pleasure to explore for residents and visitors alike. In 2006, a local radio station rated the Commack Motor Inn as one of the seven wonders of Long Island. Rosie O'Donnell and Bob Costas are just a few of the celebrities that once called Commack home.

Commack, New York is also home to many talented lawyers who are able to assist the community with any legal issue they may find themselves encountering. Lawyers specializing in family law, estate planning, contract law, and employment law are just a few of the areas that Commack lawyers can assist their clients with. Commack is a great place to live and a great place to find a competent attorney.

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