Filing a Lawsuit in Gilbert, Arizona
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 Gilbert, Arizona civil litigation attorney first.
When you hire a civil litigation lawyer in Gilbert, Arizona, 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 Gilbert, Arizona
Consultation with your attorney: You should always speak with a Gilbert, Arizona lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Gilbert, Arizona. 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 a Complaint: Once you have decided to go through with filing a lawsuit in a Gilbert, Arizona 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, or your lawyer, have drafted a complaint, the defendant must be served with it, so they have notice that they're being sued, and are given time to prepare a defense. Gilbert, Arizona has particular rules governing how a complaint must be served, for the service to be valid. Personal service (having someone give the documents directly to the defendant) is preferred. However, some courts will also accept service by mail in limited circumstances, or service upon an adult member of the defendant's household.
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 Gilbert, Arizona. 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.
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How Can A Gilbert, Arizona Tort Lawyer Help?
As you can see, it can be a intricate and difficult process to file a lawsuit in Gilbert, Arizona, and it is, in fact, much more intricate than the basic outline you just read.
If you have suffered a legal wrong in and decide to sue the person who you believed wronged you, you should speak with a qualified Gilbert, Arizona attorney.
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Life in Gilbert
Gilbert is a Maricopa County city that was ranked 24th safest city in the United States based on FBI crime statistics. Gilbert also maintains a top-notch school system that earned the title of 36th best place to live by GreatSchools.org. A large percent of Gilbert's 209,000 residents is comprised of families and young professionals, unsurprisingly. The rapidly growing high technology, renewable energy, and life sciences economy supports a wide range of high paying jobs. In fact, the average household income in Gilbert is $98,213 and over 1/3 of the adults hold higher than a bachelor's degree.
There are some very reputable lawyers living in Gilbert and know the local courts systems very well. Gilbert lawyers advise clients on a wide range of cases. Lawyers in Gilbert are knowledgeable of local courts so they'll be able to work with you to determine the best course of action for your case and with which court you should file you claim.
Gilbert is an attractive community for its plentiful amenities too. There are a number of shopping centers that serve the area of Gilbert as well as movie theaters and fun parks. Gilbert offers a number of public parks with picnic and barbeque accommodations. Bike paths and lanes make it easy for cyclists to safely travel throughout Gilbert. Josh Betley, professional BMX rider, lives in Gilbert.