How do you know when you found the correct improper and right New York construction accident Attorney for you? Well there’s a couple of reasons and a couple of indications. How and why you would know that. The first is just a general overall gut feeling. That is true with most of the decisions that you make in life, and that shouldn’t change just because you are selecting the right attorney to work with you on a Construction accident case in New York. The second is to have a general understanding about their level of experience litigating in the New York State Court system. This is a very interesting court system, and you’d want to talk to somebody and work with somebody who is very familiar with the ins and outs of the New York State Court system, particularly with respect to the procedural Astra. A lot of people don’t know or understand what the procedural aspects are, but they involve things that come up in cases that can make her break a case or advantage or disadvantage a client.
From the perspective of representing a defendant in a New York construction accident case, a competent New York construction accident Attorney would, for example, review a complaint that was filed. Before you get into that, let’s just back up for a second. If you know or if you don’t know, it would be a good refresher, to understand that the first document that’s typically filed in court is what’s called a someone’s complaint. This someone’s complaint, commences the action, or at least becomes available publicly, and then what actually officially starts the timeline with respect the deadline for the defendant or defendant answer or otherwise respond to the complaint is the service of the complaint. And service of the client is when the summons a complaint is actually or constructively given to the entity defendant or the personal defendant. There are a lot of nuances with each service of process, and we may or may not address that or those nuances in another article.
Once your New York Construction accident attorney reviewed the complaint, here she will have an idea of what to do next. One of the things that you can decide to do next, is file a motion to dismiss. There can be a number of reasons to file a motion to dismiss, and one of them is for failure to stay at a claim. The failure to state a claim means that no matter how the complaint is construed, that the plaintiff is not stating a cognizable cause of action, and when that happens, the court should dismiss the complaint. Another reason is if the complaint fails to allege all of the elements of a claim, here, that would be negligence. So one of the big areas of negligence is that the conductor of the failure of one party caused the injury to the other party. This is what is known as causation. There’s also a but for a but for the negligence, this wouldn’t have happened, that’s another thing that Lydian is also addressed in these types of situations.
A New York construction accident Attorney should also know and let you know that one of the ways to dismiss a case is as well procedural, for instance, as discussed above, if procedural the service was defected. And what defective service means, is that it didn’t comply with the law, and one service does not comply with the law, a court is typically forced to dismiss the case, because at that point, the court does not have jurisdiction. Service the processing progress service processes required in order for the court to have jurisdiction. And if the court doesn’t have jurisdiction over it, a party or a matter, then it cannot proceed, and the case must be dismissed. And typically jurisdictional issues can be raised at any time, However, service the process issues if not originally Reyes they are waived. And when that happens, a party could inadvertently consent to service, when it could’ve preserved that in the outset or at the beginning of the case and caused that as a basis for a dismissal. So that is important that you have someone that you’re working with that knows what they’re doing.
Apart from service of process defenses, or bases to dismiss a case, and apart from as a forehead failure to state a claim, there are other reasons to dismiss a case or at least upon which to base a motion to dismiss. An experienced New York construction accident attorney will, or at least should know this, or if he she does not know this, should know the right place to look for it. One of the interesting parts that I find, and that we like to do as defendants in these types of construction action cases, and in other types of cases, generally, is to file emotion to dismiss on the basis that it’s confusing or the complaint is confusing and it doesn’t properly specify, which defendant did what. This is called an impermissible group pleading. And for instance, if there are a lot of defendants in a case, such as a property owner, a general contractor, subcontractors, and other people or entities on the site, there can be a bunch of defendants grouped together and sloppy pleading can lead to a dismissed case.
A confident New York Construction accident attorney should be able to tell you that when there is a group feeding, it’s at least provides a vicious to file a motion to dismiss, and once the times clock starts kicking or ticking, then a defense attorney and a client can slow that clock down, which is important because then once momentum is slowed down, the momentum of the case is slower, and when the momentum of a case is slower, plaintiffs, and their counsel tend to get very eager and impatient, and when they intend to get patient, impatient and eager, it could lead to a lower settlement value. Because in construction action cases and other cases, both in New York and out of New York, the sooner that the money is transferred at least tip of being in generally speaking, though the lower the settlement value of the case.