Litigation Lawyers in New Paltz
If you are in New Paltz, 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 are contemplating filing a lawsuit, you should know that there are many factors that need to be considered before doing so. You should definitely contact a knowledgeable attorney from New Paltz, New York before you proceed.
Your New Paltz, 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 options 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 Paltz, New York
Consultation with your attorney: You should always speak with a New Paltz, New York lawyer who specializes in civil litigation before filing any type of lawsuit in a court in New Paltz, New York. Your lawyer will have important 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 Paltz, New York, once you have decided to file a lawsuit, the first thing you typically 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 typically 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 normally 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 Paltz, 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.
Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in New Paltz, New York, the defendant has time to respond. They typically 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 establish that you've suffered losses that warrant the damages you're asking for.
How Can A New Paltz, New York Tort Lawyer Help?
The basic outline above does not come close to covering all the details involved in filing a lawsuit in New Paltz, New York.
Therefore, it is critical that you consult a qualified civil litigation attorney before you file any type of lawsuit in New Paltz, New York.