Litigation Lawyers in Port Orange
If you live in , Florida, 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 think that filing a lawsuit is a good choice in seeking redress, you should not rush into this decision. A lawsuit is a time-consuming and costly process. You should not make a final decision without talking to a Port Orange, Florida attorney.
Once you hire a Port Orange, Florida litigation attorney, he or she will be able to advise you on your chances of succeeding in your lawsuit. Furthermore, your lawyer can inform you on what a lawsuit is likely to cost, both in time and money. Obviously, your lawyer has some control over what it will cost you, based on their fees, and whether they bill an hourly rate, or charge on a contingency rate.
Steps for Filing a Lawsuit in Port Orange, Florida
Consultation with your attorney: Before you file a lawsuit in a Port Orange, Florida court, you need to meet and confer with a local lawyer. You lawyer in Port Orange, Florida can advise you on whether or not your lawsuit has merit, and how possible it is to prevail.
Drafting The Complaint: Once you determine that pursuing a lawsuit in Port Orange, Florida civil court is worth your time and effort, you need to file a complaint. The complaint can set the tone, and frame the issues, for the rest of the litigation procedure, which can drag on for months, or even years (and decades, in some cases). This is because the complaint lays out all the allegations against the defendant. It also usually asks the court for particular relief, should it 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. Port Orange, Florida has specific 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 Defendant's Response: In Port Orange, Florida, the law gives civil defendants a fairly long period of time (a month or two usually) to respond to a lawsuit against them. The most common response is either an answer (where they address the factual allegations against them, usually 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 usually 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 Port Orange, Florida Tort Lawyer Help?
The basic outline above does not come close to covering all the specifics involved in filing a lawsuit in Port Orange, Florida.
Thus, if you want to file a lawsuit against someone in Port Orange, Florida, you should not delay to talk with an attorney, who will be able to advise you on the best way to proceed.