Litigation Lawyers in Penn Yan

If you are in Penn Yan, 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 retain a brilliant attorney from Penn Yan, New York before you proceed.

Your Penn Yan, 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 Penn Yan, New York

Consultation with your attorney: You should always speak with a Penn Yan, New York lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Penn Yan, New York. Your lawyer will have crucial 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 decide that pursuing a lawsuit in Penn Yan, 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 process, 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 specific relief, should it 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 Penn Yan, 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, 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 Penn Yan, 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 treated 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 Penn Yan, New York Tort Lawyer Help?

As you can see, it can be a complex and difficult process to file a lawsuit in Penn Yan, New York, and it is, in fact, much more complex than the basic outline you just read.

Therefore, it is critical that you consult a qualified civil litigation attorney before you file any type of lawsuit in Penn Yan, New York.