A Homecrest New York construction accident attorney will be able to help you put together a lawsuit against the ones who you want to sue, and that typically are the ones who are responsible for a construction accident in Homecrest New York. The information that you will need to put together your lawsuit includes the situation at the construction site. It was also very important to know how or what the address is for that construction site. Because how could you identify the location of the site without having the address of the site, and it is therefore important to have the information and give it to the attorney or the firm or the staff that is helping you out putting your lawsuit together against the potentially responsible parties for your injury. And it’s also important for you to have the information about your doctor, or other medical provider in the context of your Homecrest, New York construction accident site.
In putting together your lawsuit papers, a Homecrest New York construction accident attorney would need to put together first a summons and complaint. A summons the document that is required by New York State rules that says that a defendant is put on notice and needs to respond. It’s a summons and the summons is summoning or calling somebody into court and saying that they write an obligation of potential liabilities that needs to be adjudged. And when that happens, it means that somebody needs to show up either in person or by filing a document with the court. And typically the time to respond is between 20 and 30 days, depending on the manner and method of service. Sometimes it’s a little bit longer, particularly where there are alternate methods of service that I use, and that will determine the timeframe.
A Homecrest New York Construction accident attorney that knows anything about service. The process will tell you that the 20 or 30 day period is dependent on how the summons and complaint got into the defendants hands. For instance, if it got into the defendant‘s hands parsley by a Process Server, then the time to answer or otherwise respond is 20 days, as long as it was in the state of New York. If it was outside of the state of New York, then it is 30 days. It is also 30 days, if it is served to someone other than the actual defendant. When it is a personal defendant, that means that it could be handed to somebody of pseudo agent discretion. And if it is a an entity defendant, then it could be served behind the Secretary of State, or upon an officer director or cashier or other person that is able to accept service.
On Construction accident site cases, just like any other type of case, there is always or potentially could be an issue of service of process, and your Homecrest New York construction accident attorney should be helpful on this topic. This is something that cannot be easily overlooked, and should not be easily overlooked, because this is the whole part of the case that gets the case going, and establishes jurisdiction in the court. Because the court does not have jurisdiction, then the court cannot provide over the case and the plaintiff rights against the defendant cannot be officially adjudicated. This is why service and process is very important, not only in construction action cases, but also in other sorts of cases in the state of New York. And I would assume that this also is probably the case elsewhere, but I am only admitted to practice in New York State.
Once the summons and complaint are drafted, they are filed electronically with the court. The system is called NYSCEF system. It is the state court, electronic filing system, that attorneys need a password and login information to access and file documents. It is also accessible by the public, which anybody can access if they have Internet access. Once the summoning and complaint are drafted, and filed, then they need to be served upon the defendant. And only when service is properly infatuated, that is when the Construction accident lawsuit from a Homecrest construction site can be put on the timeframe set forth in the CPLR. Your qualified Homecrest New York Construction accident attorney will be able to address these and other details with you.
It is also important to note that there are our things that also go into the complaint. We discussed what the summons was i.e. putting people on notice or specifically the defendant on notice that there’s a pending lawsuit. The complaint talks about what the lawsuit is actually about. New York is a notice, pleading state, which means that the complaint does not need to go in great detail, but it used to go in sufficient detail to describe what the claim is about, what the basis reliability is, and sometimes what the amount of damages is. Some complaints specify the damages, other complaints specify damages in a very vague sense, and say in an amount to be determined at trial. Then once the complaint is served, and the defendant reviews it, they can either aspire to a natural time, or find an answer, or motion, dismiss, or something else. The answer either admits, or denies the allegations containing the complaint or otherwise responds as well. There are other types of response responses in an answer to a complaint. Call us at 212-500-1891 for details. For instance, instead of saying, just admit or deny in the answer, the responsive pleading could say something like this depends on a document and therefore the document speaks for itself and therefore no response is required. There is another no response required Dancer, which is, something the fact that this allegation calls for legal conclusion, for which no response is required. There are other responses, sometimes a combination of those responses, and there are also affirmative defenses that the answer could contain. Your Homecrest New York construction accident attorney can talk about all of the affirmative defenses with you as well as the answers to the allegations contained in the complaint.