Litigation Lawyers in Pasco County

If you live in , Florida, and believe that you have suffered some type of legal wrong, you may wish to file a lawsuit against the person who allegedly wronged you.

If you think that filing a lawsuit is a good option in seeking redress, you should not rush into this decision. A lawsuit is a time-consuming and expensive process. You should not make a final decision without speaking to a Pasco County, Florida attorney.

Once you retain a Pasco County, Florida litigation attorney, he or she will be able to advise you on your chances of succeeding in your lawsuit. Additionally, 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 Pasco County, Florida

Consultation with your attorney: Before you file a lawsuit in a Pasco County, Florida court, you need to meet and confer with a local lawyer. You lawyer in Pasco County, Florida can advise you on whether or not your lawsuit has merit, and how likely it is to succeed.

Drafting a Complaint: Once you have decided to go through with filing a lawsuit in a Pasco County, Florida court, you need to draft a complaint, with the help of your lawyer. A complaint is normally the first step in actually filing a lawsuit. The complaint is the plaintiff's first opportunity to lay out the allegations against the defendant. If a complaint doesn't allege facts that add up to a valid lawsuit (that is, even if everything alleged in the complaint is true, the defendant has still not committed a legal wrong that the court can compensate), the case will have to be dismissed. When a case is dismissed for this reason, the court normally gives the plaintiff a chance to re-submit the complaint, with the errors corrected.

Serving the Defendant: When you have decided that you want to file a lawsuit in Pasco County, Florida, 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 certain 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 Pasco County, Florida, the defendant has time to respond. The most frequent response is known as an "answer," in which they specifically address the factual allegations you've made against them, normally 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 specific 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.

How Can A Pasco County, Florida Tort Lawyer Help?

Filing a lawsuit in a Pasco County, Florida court is a bit more complex than the basic outline laid out above.

Therefore, it is critical that you consult a qualified civil litigation attorney before you file any type of lawsuit in Pasco County, Florida.