Filing a Lawsuit in Fairbanks, Alaska
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 Fairbanks, Alaska civil litigation attorney first.
Once you hire a Fairbanks, Alaska litigation attorney, he or she will be able to advise you on your chances of succeeding in your lawsuit. Furthermore, 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 Fairbanks, Alaska
Consultation With Your Attorney: Before filing any case in Fairbanks, Alaska, you should talk with a local attorney. Your Fairbanks, Alaska 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 Fairbanks, Alaska court, you need to draft a complaint, with the help of your lawyer. A complaint is usually the initial 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 legitimate 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 usually gives the plaintiff a chance to re-submit the complaint, with the errors corrected.
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 certain period of time. This is necessary under the law of Fairbanks, Alaska 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 the Response: The defendant in Fairbanks, Alaska has an chance to respond to the allegations against them. They have several 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). Usually, 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.
Find a Fairbanks Lawyer that Specializes in Your Area of Need:
How Can A Fairbanks, Alaska Tort Lawyer Help?
This simple outline is meant to give you a basic idea of what goes into filing a lawsuit in Fairbanks, Alaska, but it is by no means a comprehensive guide.
Thus, if you want to file a lawsuit against someone in Fairbanks, Alaska, you should not delay to talk with an attorney, who will be able to advise you on the best way to proceed.