Filing a Lawsuit in Lincoln, Alabama
If you live in
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 Lincoln, Alabama civil litigation attorney first.
Once you contact a Lincoln, Alabama litigation attorney, he or she will be able to advise you on your chances of succeeding in your lawsuit. Moreover, 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 Lincoln, Alabama
Consultation with your attorney: Before you continue in any legal action in Lincoln, Alabama, you should speak with a knowledgeable local attorney in Lincoln, Alabama. 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 a Complaint: Once you have decided to go through with filing a lawsuit in a Lincoln, Alabama court, you need to draft a complaint, with the help of your lawyer. A complaint is typically 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 typically 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 specific period of time. This is required under the law of Lincoln, Alabama 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 has a given amount of time to respond to your lawsuit, once they confirm that they've been served in Lincoln, Alabama. The defendant will probably 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. Normally, the defendant will admit the allegations that are not seriously in dispute (for example, 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 predetermined period of time, they are in "default," and basically lose the case automatically.
Find a Lincoln Lawyer that Specializes in Your Area of Need:
How Can A Lincoln, Alabama Tort Lawyer Help?
This simple outline is meant to give you a general idea of what goes into filing a lawsuit in Lincoln, Alabama, but it is by no means a comprehensive guide.
Therefore, if you want to file a lawsuit against someone in Lincoln, Alabama, you should not hesitate to speak with an attorney, who will be able to advise you on the best way to proceed.