Litigation Lawyers in Yorktown Heights
If you are in Yorktown Heights, 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 Yorktown Heights, New York before you proceed.
The Yorktown Heights, 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 Yorktown Heights, New York
Consultation with your attorney: You should always speak with a Yorktown Heights, New York lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Yorktown Heights, 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 a Complaint: Once you have decided to go through with filing a lawsuit in a Yorktown Heights, New York court, you need to draft a complaint, with the help of your lawyer. A complaint is normally the first step in actually filing a lawsuit. The complaint is the plaintiff's first opportunity to lay out the allegations against the defendant. If a complaint doesn't allege facts that add up to a valid lawsuit (that is, even if everything alleged in the complaint is true, the defendant has still not committed a legal wrong that the court can compensate), the case will have to be dismissed. When a case is dismissed for this reason, the court normally gives the plaintiff a chance to re-submit the complaint, with the errors corrected.
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 Yorktown Heights, 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 the Response: The defendant in Yorktown Heights, New York has an opportunity to respond to the allegations against them. They have many options in how they respond to a lawsuit. They can move to dismiss the case (arguing that, even if everything the complaint alleges is true, they would still not be liable for anything), or they can file with the court, and serve upon the plaintiff an answer. An answer is a point-by-point disposal of every allegation against the defendant. The defendant can admit the allegations, deny them, or claim that they do not have enough information to admit or deny them (which basically operates as a denial). Normally, the defendant will admit the inconsequential allegations, so they don't have to be litigated (if the lawsuit is about a car accident involving the plaintiff and defendant, they'll probably go ahead and admit that the accident took place), but deny any allegation that could establish liability, if true (they'll deny responsibility for the car accident, for example). If the defendant does not respond by the deadline, they will have a default judgment entered against them, and automatically lose the case.
How Can A Yorktown Heights, New York Tort Lawyer Help?
Filing a lawsuit in a Yorktown Heights, New York court is a bit more complex than the basic outline laid out above.
You should seek the advice of a reliable litigation attorney if you are planning on filing a lawsuit against somebody who you think has wronged you in Yorktown Heights, New York.