Filing a Lawsuit in Bella Vista, Arkansas
If you live in
If you're considering filing a lawsuit, there are many 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 Bella Vista, Arkansas civil litigation attorney first.
Once you have hired an attorney in Bella Vista, Arkansas, 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 give 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 Bella Vista, Arkansas
Consultation with your attorney: You should always speak with a Bella Vista, Arkansas lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Bella Vista, Arkansas. Your lawyer will have important information and advise, helping you decide whether or not your chances of success in the lawsuit make it worth your while to proceed.
Drafting the complaint: In Bella Vista, Arkansas, once you have decided to file a lawsuit, the first 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 Bella Vista, Arkansas requires that the defendant be given advance notice of the lawsuit as a matter of basic 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 Bella Vista, Arkansas. 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. Usually, 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 specific period of time, they are in "default," and basically lose the case automatically.
Find a Bella Vista Lawyer that Specializes in Your Area of Need:
How Can A Bella Vista, Arkansas Tort Lawyer Help?
As you can see, it can be a complex and difficult process to file a lawsuit in Bella Vista, Arkansas, and it is, in fact, much more complex than the basic outline you just read.
Therefore, it is critical that you consult a qualified civil litigation attorney before you file any type of lawsuit in Bella Vista, Arkansas.