Litigation Lawyers in New Rochelle
If you are in New Rochelle, 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 New Rochelle, New York before you proceed.
Your New Rochelle, 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 Rochelle, New York
Consultation with your attorney: You should always speak with a New Rochelle, New York lawyer who specializes in civil litigation before filing any type of lawsuit in a court in New Rochelle, 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 Rochelle, New York, once you have decided to file a lawsuit, the initial thing you normally 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 normally 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 usually 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 Rochelle, 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 New Rochelle, 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 New Rochelle, New York Tort Lawyer Help?
This article gives you a general picture of what is necessary to file a lawsuit in New Rochelle, New York. However, it should not, under any circumstances, be read as a complete guide to the litigation process.
Therefore, it's always a good idea to talk with a New Rochelle, New York litigation attorney if you are contemplating filing a lawsuit against a person or company.