Litigation Lawyers in New Hyde Park
If you are in New Hyde Park, 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 New Hyde Park, New York before you proceed.
Your New Hyde Park, 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 New Hyde Park, New York
Consultation with your attorney: You should always speak with a New Hyde Park, New York lawyer who specializes in civil litigation before filing any type of lawsuit in a court in New Hyde Park, New York. Your lawyer will have essential information and advise, helping you decide whether or not your chances of success in the lawsuit make it worth your while to proceed.
Drafting the complaint: In New Hyde Park, New York, once you have decided to file a lawsuit, the initial 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 New Hyde Park, 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, generally 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 New Hyde Park, 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 New Hyde Park, New York Tort Lawyer Help?
As you can see, it can be a complicated and difficult process to file a lawsuit in New Hyde Park, New York, and it is, in fact, much more complicated than the basic outline you just read.
You should seek the advice of a qualified litigation attorney if you are planning on filing a lawsuit against somebody who you think has wronged you in New Hyde Park, New York.