Litigation Lawyers in Martinsburg

Residents of Martinsburg, West Virginia who suffer legal wrongs are normally legally entitled to compensation for harm they incurred as a result. This compensation is normally obtained by filing a lawsuit.

If you're contemplating filing a lawsuit, there are various 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 Martinsburg, West Virginia civil litigation attorney first.

Once you retain a Martinsburg, West Virginia 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 Martinsburg, West Virginia

Consultation with your attorney: Before you continue in any legal action in Martinsburg, West Virginia, you should speak with a seasoned local attorney in Martinsburg, West Virginia. Your legal counsel can make sure you have the best possible chance of winning your case, and help you decide if you should file your lawsuit in the first place.

Drafting the complaint: In Martinsburg, West Virginia, once you have decided to file a lawsuit, the initial thing you normally 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 normally 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 usually 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: After you draft your complaint, and file it with the court, you have to let the defendant know that they're being sued. The law of Martinsburg, West Virginia states that the defendant be given advance notice of the lawsuit as a matter of general fairness: if you were being sued, you'd want to be given time to find a lawyer and prepare your defense strategy, right? So, with that in mind, the law prefers that defendants be served personally, typically through the use of a paid process server.

Await The Response: The defendant has a specific amount of time to respond to your lawsuit, once they confirm that they've been served in Martinsburg, West Virginia. The defendant will likely respond with an answer to your complaint. An answer is a document in which the defendant admits or denies the specific factual allegations made by the plaintiff. Usually, the defendant will admit the allegations that are not seriously in dispute (for instance, if the lawsuit concerns a car accident, they'll probably admit that an accident did, in fact, take place), but deny the more serious allegations (they'll probably deny that they were responsible for the accident). If the defendant fails to respond within a specific period of time, they are in "default," and basically lose the case automatically.

How Can A Martinsburg, West Virginia Tort Lawyer Help?

As you can see, it can be a complex and difficult process to file a lawsuit in Martinsburg, West Virginia, and it is, in fact, much more complex than the basic outline you just read.

Thus, if you want to file a lawsuit against someone in Martinsburg, West Virginia, you should not delay to talk with an attorney, who will be able to advise you on the best way to proceed.