Litigation Lawyers in Larchmont

If you are in Larchmont, New York and believe that some form of legal wrong has been committed against you, and determine that seeking legal redress will be worth the time and expense involved, you may wish to file a lawsuit.

If you are contemplating filing a lawsuit, you should know that there are many factors that need to be considered before doing so. You should definitely retain a seasoned attorney from Larchmont, New York before you proceed.

Your Larchmont, New York civil litigation attorney will be able to advise you on whether or not you have a legitimate case, and, if so, your best avenues on how to proceed. The attorney will also discuss with you the fees for their services, and whether he or she can represent you on a contingency basis.

Steps for Filing a Lawsuit in Larchmont, New York

Consultation with your attorney: Before you file a lawsuit in a Larchmont, New York court, you need to meet and confer with a local lawyer. You lawyer in Larchmont, New York can advise you on whether or not your lawsuit has merit, and how possible it is to prevail.

Drafting The Complaint: In Larchmont, New York, the initial 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 decide if they add up to a legitimate 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 normally 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 Larchmont, New York states that the defendant be given advance notice of the lawsuit as a matter of general 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, typically through the use of a paid process server.

Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Larchmont, 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 viewed 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 Larchmont, New York Tort Lawyer Help?

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

Thus, it is crucial that you consult a qualified civil litigation attorney before you file any type of lawsuit in Larchmont, New York.