Litigation Lawyers in Wesley Hills
If you are in Wesley Hills, 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 retain a brilliant attorney from Wesley Hills, New York before you proceed.
The Wesley Hills, New York attorney you end up contacting 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 Wesley Hills, New York
Consultation with your attorney: You should always speak with a Wesley Hills, New York lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Wesley Hills, New York. Your lawyer will have important information and advise, helping you decide whether or not your chances of success in the lawsuit make it worth your while to proceed.
Drafting The Complaint: In Wesley Hills, New York, the first step in filing a lawsuit is drafting a complaint. The complaint is a document that lays out all of your allegations against the person you're suing. It typically provides necessary background information, details the injuries you suffered, and why the person you're suing is to blame for those injuries. It also usually contains a specific "prayer" (request) for relief - a brief statement telling the court what the plaintiff is asking of it, such as monetary damages, and injunction, or other relief.
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 particular period of time. This is required under the law of Wesley Hills, 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 Wesley Hills, New York, the law gives civil defendants a fairly long period of time (a month or two normally) to respond to a lawsuit against them. The most frequent response is either an answer (where they address the factual allegations against them, normally 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 normally 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 Wesley Hills, New York Tort Lawyer Help?
This article gives you a basic picture of what is required to file a lawsuit in Wesley Hills, New York. However, it should not, under any circumstances, be read as a complete guide to the litigation process.
Therefore, if you want to file a lawsuit against someone in Wesley Hills, New York, you should not hesitate to speak with an attorney, who will be able to advise you on the best way to proceed.