Filing a Lawsuit in Wilkes Barre, Pennsylvania

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Litigation Lawyers in Wilkes Barre

If you are a resident of Wilkes Barre, Pennsylvania and believe that somebody has committed a legal wrong against you, and have decided that the effort and expense involved in seeking compensation is worth it, you may consider filing a lawsuit.

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 Wilkes Barre, Pennsylvania civil litigation attorney first.

When you contact a civil litigation lawyer in Wilkes Barre, Pennsylvania, they'll be able to give you some very useful advice, particularly in devising a strategy that maximizes your chances of winning your lawsuit. You'll probably also wonder how much this lawsuit is going to cost you, especially if you don't win. This largely depends on the attorney's fee structure. If the attorney charges an hourly rate, you will simply have to pay the lawyer for every hour they work. This can add up to a huge amount of money, very quickly. If they charge on a contingency basis, you do not have to pay any attorney's fees unless you win, and payment comes in the form of the percentage of the judgment. However, if you lose, you might still be responsible for costs, such as court fees, which are incurred no matter what happens to the case.

Steps for Filing a Lawsuit in Wilkes Barre, Pennsylvania

Consultation With Your Attorney: Before filing any lawsuit in Wilkes Barre, Pennsylvania, you should speak with a local attorney. Your Wilkes Barre, Pennsylvania attorney will be able to advise you on the merits of your lawsuit, and your chances of success.

Drafting a Complaint: Once you have decided to go through with filing a lawsuit in a Wilkes Barre, Pennsylvania 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: Once you have drafted your complaint, you need to serve the defendant with it, and file it with the court. Wilkes Barre, Pennsylvania requires that lawsuits be served on defendants in a particular 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 strongly preferred to serve defendants in person (with a disinterested third party delivering the papers to the defendant). Sometimes, however, the defendant cannot be found, or is trying to avoid service, they can be served by mail with court approval.

Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Wilkes Barre, Pennsylvania, the defendant has time to respond. They normally do so by drafting an answer to the complaint, in which they deny the plaintiff's allegations, or assert a legal defense. If the defendant fails to respond within a set period of time, they will be in default, and you may be able to get a "default judgment" against them, in which all of your allegations against the defendant are treated as if the defendant admitted them, and you only need to show that you've suffered losses that warrant the damages you're asking for.

How Can A Wilkes Barre, Pennsylvania Tort Lawyer Help?

This simple outline is meant to give you a general idea of what goes into filing a lawsuit in Wilkes Barre, Pennsylvania, but it is by no means a comprehensive guide.

Accordingly, it's always a good idea to speak with a Wilkes Barre, Pennsylvania litigation attorney if you are contemplating filing a lawsuit against a person or company.

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Life in Wilkes Barre

Wilkes-Barre, population 43,000, is located in Luzerne County in the state of Pennsylvania. The city recently celebrated the 200th anniversary of its incorporation in 1806. Wilkes-Barre belongs to the Scranton-Wilkes Barre Pennsylvania Metropolitan Statistical Area.

As the county seat, Wilkes-Barre is an important economic and residential hub for Luzerne County. It features a blend of historic sites with modern technological accommodations. For example, popular places to visit in Wilkes-Barre include the Frederick Stegmaier Mansion and the Little Theatre of Wilkes-Barre. Luzerne County Museum is also located in the city.

Wilkes-Barre is also an excellent place for education and advancement opportunities. Wilkes University and King's College, which were both recently expanded, can be found in the city. Also, several large employers like GUARD Insurance Group and Benco Dental Supply Co. are situated in Wilkes-Barre. The city also implemented extensive renovation projects beginning in 2009.

Wilkes-Barre lawyers usually assist their clients at the Luzerne County Court of Common Pleas located in the city. Lawyers in Wilkes-Barre, Pennsylvania are known for providing quality services in a variety of legal fields and specialties. Many of them have received accreditation in multiple state bars.

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