Litigation Lawyers in Berea
If you live in Berea, Kentucky 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 think that you may want to file a lawsuit, you should not make this decision easily, and there are a lot of factors that need to be taken into account. Obviously, you should never go into a lawsuit without at least consulting a qualified Berea, Kentucky civil litigation attorney.
Your Berea, Kentucky civil litigation attorney will be able to advise you on whether or not you have a legitimate case, and, if so, your best avenues on how to proceed. The attorney will also discuss with you the fees for their services, and whether he or she can represent you on a contingency basis.
Steps for Filing a Lawsuit in Berea, Kentucky
Consultation with your attorney: Before you continue in any legal action in Berea, Kentucky, you should speak with a reputable local attorney in Berea, Kentucky. Your legal counsel can make sure you have the best possible chance of winning your case, and help you decide if you should file your lawsuit in the first place.
Drafting a Complaint: Once you have decided to go through with filing a lawsuit in a Berea, Kentucky court, you need to draft a complaint, with the help of your lawyer. A complaint is usually 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 usually gives the plaintiff a chance to re-submit the complaint, with the errors corrected.
Serving The Defendant: Once you and your attorney have written a good complaint, and filed it with the court, it needs to be served on the defendant within a certain period of time. This is necessary under the law of Berea, Kentucky to ensure that the defendant actually knows that he's being sued, and has time to find a lawyer and prepare a defense. Generally, the defendant should be served in person. However, when this isn't possible, service by mail is also acceptable in a few instances.
Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Berea, Kentucky, the defendant has time to respond. They usually do so by drafting an answer to the complaint, in which they deny the plaintiff's allegations, or assert a legal defense. If the defendant fails to respond within a set period of time, they will be in default, and you may be able to get a "default judgment" against them, in which all of your allegations against the defendant are viewed as if the defendant admitted them, and you only need to prove that you've suffered losses that warrant the damages you're asking for.
How Can A Berea, Kentucky Tort Lawyer Help?
This article gives you a general picture of what is necessary to file a lawsuit in Berea, Kentucky. However, it should not, under any circumstances, be read as a complete guide to the litigation process.
Therefore, it's always a good idea to talk with a Berea, Kentucky litigation attorney if you are contemplating filing a lawsuit against a person or company.