Litigation Lawyers in New Castle

If you live in New Castle, Indiana and think that you might be the victim of a legal wrong, you may determine that it's worth suing over, to recover compensation from the individual who wronged you.

If you wish to file a lawsuit, there are many things you need to consider, and the decision to sue someone should not be made without the counsel of a New Castle, Indiana civil litigation attorney.

When you contact a civil litigation lawyer in New Castle, Indiana, 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 New Castle, Indiana

Consultation with your attorney: Before you file a lawsuit in a New Castle, Indiana court, you need to meet and confer with a local lawyer. You lawyer in New Castle, Indiana can advise you on whether or not your lawsuit has merit, and how possible it is to prevail.

Drafting a Complaint: Once you have decided to go through with filing a lawsuit in a New Castle, Indiana court, you need to draft a complaint, with the help of your lawyer. A complaint is normally the initial 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 legitimate 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 normally gives the plaintiff a chance to re-submit the complaint, with the errors corrected.

Serving the Defendant: When you have determined that you want to file a lawsuit in New Castle, Indiana, 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 certain 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 The Response: The defendant has a specific amount of time to respond to your lawsuit, once they confirm that they've been served in New Castle, Indiana. The defendant will likely 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. Usually, the defendant will admit the allegations that are not seriously in dispute (for instance, 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 specific period of time, they are in "default," and basically lose the case automatically.

How Can A New Castle, Indiana Tort Lawyer Help?

Filing a lawsuit in a New Castle, Indiana court is a bit more complex than the basic outline laid out above.

If you have suffered a legal wrong in and decide to sue the person who you believed wronged you, you should talk with a qualified New Castle, Indiana attorney.