Litigation Lawyers in West Babylon
If you are in West Babylon, 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 West Babylon, New York before you proceed.
The West Babylon, 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 West Babylon, New York
Consultation with your attorney: You should always speak with a West Babylon, New York lawyer who specializes in civil litigation before filing any type of lawsuit in a court in West Babylon, New York. Your lawyer will have essential 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 West Babylon, New York, the initial 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 usually 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 specific period of time. This is necessary under the law of West Babylon, 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 West Babylon, 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 West Babylon, New York Tort Lawyer Help?
This article gives you a general picture of what is necessary to file a lawsuit in West Babylon, New York. However, it should not, under any circumstances, be read as a complete guide to the litigation process.
Therefore, it's always a good idea to talk with a West Babylon, New York litigation attorney if you are contemplating filing a lawsuit against a person or company.