Ithaca, NY asked in Civil Litigation for New York

Q: Is there a specific order I need to file claims if I plan to file a criminal and civil suit against someone who caused

my injury?

Related Topics:
3 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: There is no order to file but most lawyers will want criminal proceedings to conclude before civil proceedings go to trial. But due to statute of limitations you cannot wait to file either.

Barry E. Janay
PREMIUM
Barry E. Janay pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Livingston, NJ
  • Licensed in New York

A: Your question is a bit too general to answer, but to answer generally you can file a complaint in civil court and get a summons to serve the complaint upon the defendant. File a police report to initiate criminal proceedings.

Mitchell A. Nathanson
PREMIUM
Mitchell A. Nathanson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Garden City, NY
  • Licensed in New York

A: You cannot file a criminal suit. This is in the jurisdiction of the District Attorney. If you believe you are the victim of a crime you must go to the police or the D.A. There is no order required as a prerequisite to filing a civil action. You must file a Summons and Complaint with the clerk and arrange for service upon the defendant. Service is complaint 10 days after timely filing the affidavit of service.

#LegalQ&A #NathansonLaw

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.