Litigation Lawyers in Smithtown

If you are in Smithtown, 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 Smithtown, New York before you proceed.

The Smithtown, 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 also 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 Smithtown, New York

Consultation With Your Attorney: Before filing any lawsuit in Smithtown, New York, you should speak with a local attorney. Your Smithtown, New York attorney will be able to advise you on the merits of your lawsuit, and your chances of success.

Drafting The Complaint: In Smithtown, New York, the first 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 determine if they add up to a valid 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: 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 Smithtown, 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, usually 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 Smithtown, New York, the defendant has time to respond. They typically 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 establish that you've suffered losses that warrant the damages you're asking for.

How Can A Smithtown, New York Tort Lawyer Help?

The basic outline above does not come close to covering all the details involved in filing a lawsuit in Smithtown, New York.

If you have suffered a legal wrong in and decide to sue the person who you believed wronged you, you should speak with a qualified Smithtown, New York attorney.