Filing a Lawsuit in Berkeley, California

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Litigation Lawyers in Berkeley

If you live in , California, and believe that you have sustained some form of legal wrong, you may wish to file a lawsuit against the individual who allegedly wronged you.

If you're contemplating filing a lawsuit, there are various 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 Berkeley, California civil litigation attorney first.

When you hire a civil litigation lawyer in Berkeley, California, they'll be able to give you some extremely useful advice, especially 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 rapidly. 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 Berkeley, California

Consultation with your attorney: Before you proceed with any legal action in Berkeley, California, you should seek the advice and counsel of a reliable Berkeley, California attorney. He or she will be indispensable in helping you succeed in your lawsuit.

Drafting The Complaint: In Berkeley, California, the initial 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 decide if they add up to a legitimate 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 typically ask the court to provide specific relief, should it rule in the plaintiff's favor.

Serving the Defendant: When you have determined that you want to file a lawsuit in Berkeley, California, and have drafted the complaint, your next important step is to file the complaint with the court, and serve it on the defendant. The defendant must be given at least several weeks' notice that they're being sued, and as much time to review the complaint. This is a matter of general fairness and due process, and allows the defendant to hire a lawyer and get to work on a defense. The law requires that the defendant be served in a few particular ways. The initial choice is to give it to them in person. This has to be done by a person who does not have any direct involvement in the lawsuit. If that isn't possible, the defendant can be served by giving the complaint to another adult member of their household; this is called substituted service.

Await Defendant's Response: In Berkeley, California, the law gives civil defendants a fairly long period of time (a month or two typically) to respond to a lawsuit against them. The most prevalent response is either an answer (where they address the factual allegations against them, typically 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 typically 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 Berkeley, California Tort Lawyer Help?

As you can see, it can be a intricate and difficult process to file a lawsuit in Berkeley, California, and it is, in fact, much more intricate than the basic outline you just read.

Thus, it is critical that you consult a qualified civil litigation attorney before you file any type of lawsuit in Berkeley, California.

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Life in Berkeley

Berkeley, California is a city in Alameda County, California. Its population is currently about 113,000 people. Berkeley, California is located on the Eastern shores of the San Francisco Bay Area.

Berkeley, California is known for being home to the University of California, Berkeley, which is considered one of the top public universities in the United States.

Berkeley is also known as being a major center of mostly-liberal social activism.

The economy of Berkeley, California is based almost entirely around the university. However, because UC Berkeley is a major center of scientific research, as well as the liberal arts, it employs a very large number of scientists and engineers, as well as noted luminaries in the liberal arts, such as lawyers and law professors.

The University of California, Berkeley School of Law is ranked as one of the top 5 law schools in the United States, and has produced some incredibly successful lawyers.

If you live in or near Berkeley, California and need legal advice, chances are good that a Berkeley, California attorney can help.

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