Litigation Lawyers in Oyster Bay
If you are in Oyster Bay, 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 Oyster Bay, New York before you proceed.
Your Oyster Bay, 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 Oyster Bay, New York
Consultation with your attorney: You should always speak with an Oyster Bay, New York lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Oyster Bay, 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: Once you determine that pursuing a lawsuit in Oyster Bay, New York civil court is worth your time and effort, you need to file a complaint. The complaint can set the tone, and frame the issues, for the rest of the litigation procedure, which can drag on for months, or even years (and decades, in some cases). This is because the complaint lays out all the allegations against the defendant. It also normally asks the court for particular relief, should it rule in the plaintiff's favor.
Serving The Defendant: Once you, or your lawyer, have drafted a complaint, the defendant must be served with it, so they have notice that they're being sued, and are given time to prepare a defense. Oyster Bay, New York has certain rules governing how a complaint must be served, for the service to be valid. Personal service (having someone give the documents directly to the defendant) is preferred. However, some courts will also accept service by mail in limited circumstances, or service upon an adult member of the defendant's household.
Await Defendant's Response: In Oyster Bay, New York, the law gives civil defendants a fairly long period of time (a month or two normally) to respond to a lawsuit against them. The most frequent response is either an answer (where they address the factual allegations against them, normally denying most or all of the allegations) or a motion to dismiss (where the contend that, even if everything alleged in the complaint is true, those facts would not establish liability). If the defendant does nothing, and fails to respond, they run the risk of having a default judgment entered against them. This normally means that the court automatically rules against them, treating the plaintiff as if they won the lawsuit. This gives the plaintiff a judgment against the defendant, which they can seek to collect using all legal means.
How Can A Oyster Bay, New York Tort Lawyer Help?
As you can see, it can be a complex and difficult process to file a lawsuit in Oyster Bay, New York, and it is, in fact, much more complex than the basic outline you just read.
You should seek the advice of a reliable litigation attorney if you are planning on filing a lawsuit against somebody who you think has wronged you in Oyster Bay, New York.