Litigation Lawyers in Kingston

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

When you retain a civil litigation lawyer in Kingston, 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 Kingston, New York

Consultation with your attorney: You should always speak with a Kingston, New York lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Kingston, New York. Your lawyer will have crucial information and advise, helping you decide whether or not your chances of success in the lawsuit make it worth your while to proceed.

Drafting a Complaint: Once you have decided to go through with filing a lawsuit in a Kingston, New York court, you need to draft a complaint, with the help of your lawyer. A complaint is usually 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 usually gives the plaintiff a chance to re-submit the complaint, with the errors corrected.

Serving the Defendant: When you have decided that you want to file a lawsuit in Kingston, New York, and have drafted the complaint, your next major step is to file the complaint with the court, and serve it on the defendant. The defendant must be given at least several weeks' notice that they're being sued, and as much time to review the complaint. This is a matter of basic fairness and due process, and allows the defendant to hire a lawyer and get to work on a defense. The law requires that the defendant be served in a few specific ways. The first choice is to give it to them in person. This has to be done by a person who does not have any direct involvement in the lawsuit. If that isn't possible, the defendant can be served by giving the complaint to another adult member of their household; this is called substituted service.

Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Kingston, New York, the defendant has time to respond. They usually 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 prove that you've suffered losses that warrant the damages you're asking for.

How Can A Kingston, New York Tort Lawyer Help?

As you can see, it can be a complicated and difficult process to file a lawsuit in Kingston, New York, and it is, in fact, much more complicated 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 Kingston, New York.