Filing a Lawsuit in Mobile, Alabama
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 Mobile, Alabama civil litigation attorney first.
Once you have retained an attorney in Mobile, Alabama, 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 provide 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 Mobile, Alabama
Consultation With Your Attorney: Before filing any case in Mobile, Alabama, you should talk with a local attorney. Your Mobile, Alabama attorney will be able to advise you on the merits of your lawsuit, and your chances of success.
Drafting the complaint: In Mobile, Alabama, once you have decided to file a lawsuit, the initial thing you typically 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 typically 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 normally 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: Once you have drafted your complaint, you need to serve the defendant with it, and file it with the court. Mobile, Alabama requires that lawsuits be served on defendants in a specific 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 highly preferred to serve defendants in person (with a disinterested third party delivering the papers to the defendant). Occasionally, however, the defendant cannot be found, or is trying to avoid service, they can be served by mail with court approval.
Await Defendant's Response: In Mobile, Alabama, 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.
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How Can A Mobile, Alabama Tort Lawyer Help?
Filing a lawsuit in a Mobile, Alabama court is a bit more intricate than the basic outline laid out above.
Thus, it is essential that you consult a qualified civil litigation attorney before you file any type of lawsuit in Mobile, Alabama.
2953 cases posted to LegalMatch lawyers in Mobile
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Life in MobileMobile is unsurprisingly the seat of Mobile County. You may not know, however, that Mobile is the largest municipality on the Gulf Coast between New Orleans and St. Petersburg, Florida. In fact, over 400,000 residents live in Mobile, which was the first state capital of Louisiana. Mobile is also famous for being a Gulf Coast cultural hub. the city boasts the oldest organized celebrations like Carnival and Mardi Gras.
Tourism plays a major role in the Mobile economy. At Battleship Memorial park you can tour the USS Alabama battleship from WWII and Korean War submarine the USS Drum. The Mobile Carnival Museum offers Mardi Gras history and memorabilia like floats and costumes. A number of historic antebellum house museums like the Bragg-Mitchell Mansion from 1855 can be found in Mobile as well. A few of the other exciting attractions to which tourists flock consist of the Gulf Coast Exploratoreum, Dauphin Island Sea Lab, and Mobile Botanical Gardens that earn the city's nickname the "Azalea City."
Mobile is known nationally as a hub for business. Mobile industries include steel fabrication and building, aerospace, retail, medicine, manufacturing and transportation. The Alabama State Docks recently underwent a $300 million expansion project that provided new jobs. Additionally, Mobile's Austal USA shipbuilding company will be trusted with constructing U.S. Forces vessels after winning another multi-billion dollar defense contract with the United States Government in late 2010.