Litigation Lawyers in Little Rock
If you live in , Arkansas, and believe that you have suffered some type of legal wrong, you may wish to file a lawsuit against the person who allegedly wronged you.
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 Little Rock, Arkansas civil litigation attorney first.
Once you have hired an attorney in Little Rock, 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 Little Rock, Arkansas
Consultation with your attorney: Before you continue in any legal action in Little Rock, Arkansas, you should speak with a brilliant local attorney in Little Rock, Arkansas. 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 Little Rock, Arkansas, the first step to filing a lawsuit, once you've actually decided to do so (in consultation with your attorney), is writing a complaint. A complaint is simply a list of facts that you allege against the defendant. A court must look at these allegations and determine if they add up to a valid cause of action, assuming they're true. If they do not add up to a cause of action, the case may be dismissed. The complaint also normally ask the court to provide specific relief, should it rule in the plaintiff's favor.
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 particular period of time. This is required under the law of Little Rock, Arkansas 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 Defendant's Response: In Little Rock, Arkansas, the law gives civil defendants a fairly long period of time (a month or two normally) to respond to a lawsuit against them. The most frequent response is either an answer (where they address the factual allegations against them, normally 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 normally 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.
How Can A Little Rock, Arkansas Tort Lawyer Help?
Filing a lawsuit in a Little Rock, Arkansas court is a bit more complex than the basic outline laid out above.
Therefore, it is critical that you consult a qualified civil litigation attorney before you file any type of lawsuit in Little Rock, Arkansas.