Filing a Lawsuit in Unalaska, Alaska
If you live in
If you're considering filing a lawsuit, there are numerous things you need to consider, and it is not a decision to be made lightly. You should not file a lawsuit without seeking the advice of a Unalaska, Alaska civil litigation attorney first.
Once you hire a Unalaska, Alaska litigation attorney, he or she will be able to advise you on your chances of succeeding in your lawsuit. Furthermore, your lawyer can inform you on what a lawsuit is likely to cost, both in time and money. Obviously, your lawyer has some control over what it will cost you, based on their fees, and whether they bill an hourly rate, or charge on a contingency rate.
Steps for Filing a Lawsuit in Unalaska, Alaska
Consultation with your attorney: Before you proceed with any legal action in Unalaska, Alaska, you should seek the advice and counsel of a good Unalaska, Alaska attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting The Complaint: In Unalaska, Alaska, the first step in filing a lawsuit is drafting a complaint. The complaint is a document that lays out all of your allegations against the person you're suing. It generally provides necessary background information, details the injuries you suffered, and why the person you're suing is to blame for those injuries. It also usually contains a specific "prayer" (request) for relief - a brief statement telling the court what the plaintiff is asking of it, such as monetary damages, and injunction, or other relief.
Serving the Defendant: When you have decided that you want to file a lawsuit in Unalaska, Alaska, and have drafted the complaint, your next major step is to file the complaint with the court, and serve it on the defendant. The defendant must be given at least several weeks' notice that they're being sued, and as much time to review the complaint. This is a matter of basic fairness and due process, and allows the defendant to hire a lawyer and get to work on a defense. The law requires that the defendant be served in a few specific ways. The first choice is to give it to them in person. This has to be done by a person who does not have any direct involvement in the lawsuit. If that isn't possible, the defendant can be served by giving the complaint to another adult member of their household; this is called substituted service.
Await Defendant's Response: When you have served the defendant with the complaint in Unalaska, Alaska, the defendant has time to respond. The most common response is known as an "answer," in which they specifically address the factual allegations you've made against them, usually by denying most of the allegations. They might also move to dismiss the case if they can argue that the complaint is legally flawed. A judge then has to rule on this motion. If the defendant doesn't respond within a certain period of time, they are said to have "defaulted." This allows the court to enter a default judgment, in which the plaintiff essentially automatically wins the lawsuit. Once this happens, the defendant, if they're ever located, can be served with the judgment, and will have very little power to challenge the merits of your case.
Find a Unalaska Lawyer that Specializes in Your Area of Need:
How Can A Unalaska, Alaska Tort Lawyer Help?
Filing a lawsuit in a Unalaska, Alaska court is a bit more complicated than the basic outline laid out above.
You should seek the advice of a qualified litigation attorney if you are planning on filing a lawsuit against somebody who you think has wronged you in Unalaska, Alaska.