Litigation Lawyers in Port Jervis
If you are in Port Jervis, 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 Port Jervis, New York before you proceed.
Your Port Jervis, 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 Port Jervis, New York
Consultation with your attorney: Before you proceed with any legal action in Port Jervis, New York, you should seek the advice and counsel of a seasoned Port Jervis, New York attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting the complaint: In Port Jervis, 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: Once you have drafted your complaint, you need to serve the defendant with it, and file it with the court. Port Jervis, New York requires that lawsuits be served on defendants in a particular way. This is to ensure that the defendant has a good deal of notice that they're being sued, giving them time to find an attorney, and work on how they're going to defend themselves. It is highly preferred to serve defendants in person (with a disinterested third party delivering the papers to the defendant). Occasionally, however, the defendant cannot be found, or is trying to avoid service, they can be served by mail with court approval.
Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Port Jervis, 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 Port Jervis, New York Tort Lawyer Help?
This article gives you a general picture of what is necessary to file a lawsuit in Port Jervis, New York. However, it should not, under any circumstances, be read as a complete guide to the litigation process.
If you have suffered a legal wrong in and decide to sue the person who you believed wronged you, you should talk with a qualified Port Jervis, New York attorney.