Litigation Lawyers in Little Falls
If you are in Little Falls, 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 hire a reputable attorney from Little Falls, New York before you proceed.
Your Little Falls, 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 Little Falls, New York
Consultation with your attorney: Before you file a lawsuit in a Little Falls, New York court, you need to meet and confer with a local lawyer. You lawyer in Little Falls, New York can advise you on whether or not your lawsuit has merit, and how possible it is to prevail.
Drafting The Complaint: In Little Falls, 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 usually ask the court to provide specific relief, should it rule in the plaintiff's favor.
Serving the Defendant: When you have determined that you want to file a lawsuit in Little Falls, New York, and have drafted the complaint, your next important 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 general 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 initial 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 Little Falls, 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 viewed 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 Little Falls, New York Tort Lawyer Help?
This simple outline is meant to give you a basic idea of what goes into filing a lawsuit in Little Falls, New York, but it is by no means a comprehensive guide.
Thus, it is imperative that you consult a qualified civil litigation attorney before you file any type of lawsuit in Little Falls, New York.