Litigation Lawyers in Schenectady
If you are in Schenectady, 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 Schenectady, New York before you proceed.
Your Schenectady, 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 Schenectady, New York
Consultation with your attorney: Before you proceed with any legal action in Schenectady, New York, you should seek the advice and counsel of a knowledgeable Schenectady, New York attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting The Complaint: Once you decide that pursuing a lawsuit in Schenectady, 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 typically asks the court for specific relief, should it rule in the plaintiff's favor.
Serving The Defendant: Once you and your attorney have written a good complaint, and filed it with the court, it needs to be served on the defendant within a specific period of time. This is required under the law of Schenectady, New York to ensure that the defendant actually knows that he's being sued, and has time to find a lawyer and prepare a defense. Generally, the defendant should be served in person. However, when this isn't possible, service by mail is also acceptable in a few instances.
Await The Response: The defendant has a given amount of time to respond to your lawsuit, once they confirm that they've been served in Schenectady, New York. The defendant will probably respond with an answer to your complaint. An answer is a document in which the defendant admits or denies the specific factual allegations made by the plaintiff. Normally, the defendant will admit the allegations that are not seriously in dispute (for example, if the lawsuit concerns a car accident, they'll probably admit that an accident did, in fact, take place), but deny the more serious allegations (they'll probably deny that they were responsible for the accident). If the defendant fails to respond within a predetermined period of time, they are in "default," and basically lose the case automatically.
How Can A Schenectady, New York Tort Lawyer Help?
This simple outline is meant to give you a general idea of what goes into filing a lawsuit in Schenectady, New York, but it is by no means a comprehensive guide.
Therefore, if you want to file a lawsuit against someone in Schenectady, New York, you should not hesitate to speak with an attorney, who will be able to advise you on the best way to proceed.