Litigation Lawyers in Wading River

If you are in Wading River, 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 Wading River, New York before you proceed.

The Wading River, 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 Wading River, New York

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

Drafting The Complaint: Once you determine that pursuing a lawsuit in Wading River, 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 procedure, 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 particular relief, should it 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. Wading River, New York requires that lawsuits be served on defendants in a specific 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.

Await Defendant's Response: In Wading River, 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 Wading River, New York Tort Lawyer Help?

This article gives you a general picture of what is necessary to file a lawsuit in Wading River, New York. However, it should not, under any circumstances, be read as a complete guide to the litigation process.

Thus, if you want to file a lawsuit against someone in Wading River, New York, you should not delay to talk with an attorney, who will be able to advise you on the best way to proceed.