Filing a Lawsuit in Pine Bluff, 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 Pine Bluff, Arkansas civil litigation attorney first.
When you retain a civil litigation lawyer in Pine Bluff, Arkansas, they'll be able to give you some very useful advice, particularly in devising a strategy that maximizes your chances of winning your lawsuit. You'll probably also wonder how much this lawsuit is going to cost you, especially if you don't win. This largely depends on the attorney's fee structure. If the attorney charges an hourly rate, you will simply have to pay the lawyer for every hour they work. This can add up to a huge amount of money, very quickly. If they charge on a contingency basis, you do not have to pay any attorney's fees unless you win, and payment comes in the form of the percentage of the judgment. However, if you lose, you might still be responsible for costs, such as court fees, which are incurred no matter what happens to the case.
Steps for Filing a Lawsuit in Pine Bluff, Arkansas
Consultation With Your Attorney: Before filing any lawsuit in Pine Bluff, Arkansas, you should speak with a local attorney. Your Pine Bluff, Arkansas attorney will be able to advise you on the merits of your lawsuit, and your chances of success.
Drafting The Complaint: In Pine Bluff, 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 usually ask the court to provide specific relief, should it 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 Pine Bluff, 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, generally through the use of a paid process server.
Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Pine Bluff, Arkansas, the defendant has time to respond. They usually do so by drafting an answer to the complaint, in which they deny the plaintiff's allegations, or assert a legal defense. If the defendant fails to respond within a set period of time, they will be in default, and you may be able to get a "default judgment" against them, in which all of your allegations against the defendant are treated as if the defendant admitted them, and you only need to prove that you've suffered losses that warrant the damages you're asking for.
Find a Pine Bluff Lawyer that Specializes in Your Area of Need:
How Can A Pine Bluff, Arkansas Tort Lawyer Help?
The basic outline above does not come close to covering all the details involved in filing a lawsuit in Pine Bluff, Arkansas.
Accordingly, it's always a good idea to speak with a Pine Bluff, Arkansas litigation attorney if you are contemplating filing a lawsuit against a person or company.