Litigation Lawyers in Elizabethtown
If you live in Elizabethtown, Kentucky and think that you might be the victim of a legal wrong, you may decide that it's worth suing over, to recover compensation from the person who wronged you.
If you think that you may want to file a lawsuit, you should not make this decision lightly, 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 reliable Elizabethtown, Kentucky civil litigation attorney.
Once you have hired an attorney in Elizabethtown, Kentucky, he or she will be able to help you devise a strategy on how to proceed, which will hopefully maximize your chances of success in your lawsuit. Your lawyer can also give you a rough idea of how much the lawsuit is likely to cost, taking into account court fees, expert witness fees, and other costs.
Steps for Filing a Lawsuit in Elizabethtown, Kentucky
Consultation With Your Attorney: Before filing any lawsuit in Elizabethtown, Kentucky, you should speak with a local attorney. Your Elizabethtown, Kentucky attorney will be able to advise you on the merits of your lawsuit, and your chances of success.
Drafting The Complaint: In Elizabethtown, Kentucky, the first 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 determine if they add up to a valid 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 normally ask the court to provide specific relief, should it rule in the plaintiff's favor.
Serving the Defendant: When you have decided that you want to file a lawsuit in Elizabethtown, Kentucky, and have drafted the complaint, your next major 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 basic 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 first 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: When you have served the defendant with the complaint in Elizabethtown, Kentucky, the defendant has time to respond. The most frequent response is known as an "answer," in which they specifically address the factual allegations you've made against them, normally by denying most of the allegations. They might also move to dismiss the case if they can argue that the complaint is legally flawed. A judge then has to rule on this motion. If the defendant doesn't respond within a specific period of time, they are said to have "defaulted." This allows the court to enter a default judgment, in which the plaintiff essentially automatically wins the lawsuit. Once this happens, the defendant, if they're ever located, can be served with the judgment, and will have very little power to challenge the merits of your case.
How Can A Elizabethtown, Kentucky Tort Lawyer Help?
The basic outline above does not come close to covering all the details involved in filing a lawsuit in Elizabethtown, Kentucky.
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 Elizabethtown, Kentucky attorney.