Filing a Lawsuit in South Tucson, Arizona
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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 South Tucson, Arizona civil litigation attorney first.
When you hire a civil litigation lawyer in South Tucson, 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 South Tucson, Arizona
Consultation with your attorney: Before you proceed with any legal action in South Tucson, Arizona, you should seek the advice and counsel of a knowledgeable South Tucson, Arizona attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting the complaint: In South Tucson, Arizona, once you have decided to file a lawsuit, the first 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, 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. South Tucson, 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 South Tucson, 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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This simple outline is meant to give you a general idea of what goes into filing a lawsuit in South Tucson, Arizona, but it is by no means a comprehensive guide.
Accordingly, it's always a good idea to speak with a South Tucson, Arizona litigation attorney if you are contemplating filing a lawsuit against a person or company.