Filing a Lawsuit in Fayette County, Kentucky
If you live in Fayette County, Kentucky and think that you might be the victim of a legal wrong, you may decide that it's worth suing over, to recover compensation from the person who wronged you.
If you think that you may want to file a lawsuit, you should not make this decision lightly, and there are a lot of factors that need to be taken into account. Obviously, you should never go into a lawsuit without at least consulting a knowledgeable Fayette County, Kentucky civil litigation attorney.
Once you have hired an attorney in Fayette County, Kentucky, he or she will be able to help you devise a strategy on how to proceed, which will hopefully maximize your chances of success in your lawsuit. Your lawyer can also give you a rough idea of how much the lawsuit is likely to cost, taking into account court fees, expert witness fees, and other costs.
Steps for Filing a Lawsuit in Fayette County, Kentucky
Consultation With Your Attorney: Before filing any lawsuit in Fayette County, Kentucky, you should speak with a local attorney. Your Fayette County, Kentucky attorney will be able to advise you on the merits of your lawsuit, and your chances of success.
Drafting The Complaint: Once you decide that pursuing a lawsuit in Fayette County, Kentucky civil court is worth your time and effort, you need to file a complaint. The complaint can set the tone, and frame the issues, for the rest of the litigation process, which can drag on for months, or even years (and decades, in some cases). This is because the complaint lays out all the allegations against the defendant. It also typically asks the court for specific relief, should it rule in the plaintiff's favor.
Serving The Defendant: Once you and your attorney have written a good complaint, and filed it with the court, it needs to be served on the defendant within a specific period of time. This is required under the law of Fayette County, Kentucky to ensure that the defendant actually knows that he's being sued, and has time to find a lawyer and prepare a defense. Generally, the defendant should be served in person. However, when this isn't possible, service by mail is also acceptable in a few instances.
Await Defendant's Response: In Fayette County, Kentucky, the law gives civil defendants a fairly long period of time (a month or two typically) to respond to a lawsuit against them. The most prevalent response is either an answer (where they address the factual allegations against them, typically denying most or all of the allegations) or a motion to dismiss (where the contend that, even if everything alleged in the complaint is true, those facts would not establish liability). If the defendant does nothing, and fails to respond, they run the risk of having a default judgment entered against them. This typically means that the court automatically rules against them, treating the plaintiff as if they won the lawsuit. This gives the plaintiff a judgment against the defendant, which they can seek to collect using all legal means.
Find a Fayette County Lawyer that Specializes in Your Area of Need:
How Can A Fayette County, Kentucky Tort Lawyer Help?
Filing a lawsuit in a Fayette County, Kentucky court is a bit more intricate than the basic outline laid out above.
Accordingly, it's always a good idea to speak with a Fayette County, Kentucky litigation attorney if you are contemplating filing a lawsuit against a person or company.