Filing a Lawsuit in Birmingham, Alabama
If you live in
If you're contemplating filing a lawsuit, there are several 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 Birmingham, Alabama civil litigation attorney first.
Once you contact a Birmingham, Alabama litigation attorney, he or she will be able to advise you on your chances of succeeding in your lawsuit. Moreover, 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 Birmingham, Alabama
Consultation with your attorney: Before you proceed with any legal action in Birmingham, Alabama, you should seek the advice and counsel of a reliable Birmingham, Alabama attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting the complaint: In Birmingham, Alabama, once you have decided to file a lawsuit, the initial thing you typically have to do is draft a complaint. The complaint is a document that contains all of the allegations you're making against the defendant (the person whom you are suing). It typically must allege all of the facts necessary to constitute a cause of action, though in some systems, very few facts are strictly required to be alleged. It also normally has, at the end, a "prayer" (request) for relief. This final section tells the court what type of relief the plaintiff wants, should the court rule in the plaintiff's favor.
Serving The Defendant: Once you have drafted your complaint, you need to serve the defendant with it, and file it with the court. Birmingham, Alabama requires that lawsuits be served on defendants in a specific way. This is to ensure that the defendant has a good deal of notice that they're being sued, giving them time to find an attorney, and work on how they're going to defend themselves. It is highly preferred to serve defendants in person (with a disinterested third party delivering the papers to the defendant). Occasionally, however, the defendant cannot be found, or is trying to avoid service, they can be served by mail with court approval.
Await the Response: The defendant in Birmingham, Alabama has an chance to respond to the allegations against them. They have various options in how they respond to a lawsuit. They can move to dismiss the case (arguing that, even if everything the complaint alleges is true, they would still not be liable for anything), or they can file with the court, and serve upon the plaintiff an answer. An answer is a point-by-point disposal of every allegation against the defendant. The defendant can admit the allegations, deny them, or claim that they do not have enough information to admit or deny them (which essentially operates as a denial). Typically, the defendant will admit the inconsequential allegations, so they don't have to be litigated (if the lawsuit is about a car accident involving the plaintiff and defendant, they'll probably go ahead and admit that the accident took place), but deny any allegation that could establish liability, if true (they'll deny responsibility for the car accident, for example). If the defendant does not respond by the deadline, they will have a default judgment entered against them, and automatically lose the case.
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How Can A Birmingham, Alabama Tort Lawyer Help?
This simple outline is meant to give you a basic idea of what goes into filing a lawsuit in Birmingham, Alabama, but it is by no means a comprehensive guide.
You should seek the advice of a knowledgeable litigation attorney if you are planning on filing a lawsuit against somebody who you think has wronged you in Birmingham, Alabama.
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Life in Birmingham
As Alabama's biggest city with over 225,000 people, Birmingham is also the county seat for Jefferson County. The greater metropolitan area of Birmingham is estimated to have a population exceeding 1.25 million.
Founded in 1871, Birmingham has a diversified economy, with an original base of manufacturing other businesses and industries such as banking, transportation, telecommunications, power transmission, education, medical care, and insurance have all risen in importance. Coal mining remains a large business and the trucking industry has grown with the advent of the interstate highway system.
Birmingham, AL is an excellent place for those in the legal profession, with prestigious law schools such as the Birmingham School of Law, Cumberland School of Law and the University of Alabama School of Law located there. The telephone directory lists over 3800 Birmingham lawyers.