Litigation Lawyers in Sidney
If you are in Sidney, 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 contact a reliable attorney from Sidney, New York before you proceed.
The Sidney, New York attorney you end up retaining will be able to advise you on whether you have a good case. If you do, they will further advise you on your best options on how to proceed. Your lawyer can also inform you about what their fees are, and if they have multiple payment options.
Steps for Filing a Lawsuit in Sidney, New York
Consultation With Your Attorney: Before filing any case in Sidney, New York, you should talk with a local attorney. Your Sidney, New York attorney will be able to advise you on the merits of your lawsuit, and your chances of success.
Drafting The Complaint: In Sidney, New York, the initial step to filing a lawsuit, once you've actually decided to do so (in consultation with your attorney), is writing a complaint. A complaint is simply a list of facts that you allege against the defendant. A court must look at these allegations and decide if they add up to a legitimate cause of action, assuming they're true. If they do not add up to a cause of action, the case may be dismissed. The complaint also typically ask the court to provide 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 necessary under the law of Sidney, 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 Defendant's Response: In Sidney, New York, the law gives civil defendants a fairly long period of time (a month or two typically) to respond to a lawsuit against them. The most prevalent response is either an answer (where they address the factual allegations against them, typically 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 typically 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 Sidney, New York Tort Lawyer Help?
Filing a lawsuit in a Sidney, New York court is a bit more intricate than the basic outline laid out above.
Therefore, it's always a good idea to talk with a Sidney, New York litigation attorney if you are contemplating filing a lawsuit against a person or company.