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How to Sue Someone in NYC - searching how to file a lawsuit

How to Sue Someone in NYC

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You may have gone your entire life without having to sue someone or even thinking about it. Unfortunately, we sometimes end up in a place where we have to consider this as an option. While this can seem like a daunting task, you can do some research to learn how to sue someone in NYC, and you can speak with an experienced attorney. The lawyers at Morgan & Morgan have been handling civil claims for decades. All of our lawyers are highly trained and experienced in negotiating and litigating. If you need help with a potential lawsuit, contact Morgan & Morgan today for a free consultation.

Process of Filing a Lawsuit

Many people think that filing a civil lawsuit against another party is simple and something that doesn’t require a lawyer. While there is no legal requirement that a lawyer should be involved in a civil claim, unless you have a legal background and specific legal training, it’s always advisable to speak with a professional. It’s helpful if you know the basics surrounding lawsuits and the process so you can advocate for yourself, but don’t make the mistake of thinking you can do everything on your own. Lawsuits differ based on the circumstances, but the basic process for filing a civil claim in New York includes the following steps:

Filing: The first step in any court case is filing papers with the court to initiate the lawsuit. Once you file the paperwork, the party that you are suing needs to be notified. This is known as being served. The lawsuit cannot go forward if the other party isn’t aware that it exists. It’s also important to remember that there are court fees associated with filing a lawsuit that you will be required to pay. If you’re unable to afford the fee, you can ask the court for a waiver. 

Discovery: One of the next steps in civil trials is discovery. During discovery, you exchange information with the party whom you filed a lawsuit against. This is how you will learn the strengths and weaknesses of your case. Discovery usually includes speaking with witnesses, gathering medical records, obtaining insurance information, and anything else that could be relevant to your case. 

Other primary aspects of discovery can include interrogatories and depositions. Interrogatories are questions that you send the other party that they are required to answer. The questions are designed to provide information that will help the parties prepare for trial. Depositions are interviews that are done in person, with the answers being recorded and under oath.  

When you hire an attorney, they will handle the discovery process for you, as you may not know how to sue someone in NYC unless you are a trained professional.

Pretrial: After discovery is complete, there are pretrial issues that may need to be dealt with. In this stage, each party can file motions with the court, such as a motion to suppress or a motion to dismiss the case. Here, your lawyer will determine which witnesses they will call when the case goes to trial. It’s also at this stage that you will likely be negotiating with the other party to try to come to a fair settlement instead of going to trial. The majority of civil claims end up settling, so this is an important step. Negotiations can happen earlier on, but this is a common time for them to occur.

Trial: If you’re unable to come to an agreement with the other side regarding a fair settlement, the case will be set for trial. At trial, both parties will present their witnesses and evidence to the court, and there will be a chance to question your own witnesses and the other party’s witnesses. A trial can take days or even months, depending on the complexity of the issue. The verdict will be decided by a judge or a jury. In almost all types of civil claims in New York, you will be able to demand a jury trial if you wish. This is something you should discuss with your lawyer, as they will be able to provide you with information to help you decide which type of trial will be best for your particular circumstance.

Post-Trial: Finally, once the trial is over, you are in the post-trial phase. If you lose at trial, this is when you and your attorney will be able to appeal the decision. If you won your case, you will need to get a judgment from the court, which in most civil cases is an order for the losing party to pay the winning party. If the other party refuses to pay, you may need to take further steps to collect the judgment. This is another important step that an attorney can help you with. 

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