Litigation Lawyers in Lexington
If you live in Lexington, 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 Lexington, Kentucky civil litigation attorney.
Once you have hired an attorney in Lexington, 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 Lexington, Kentucky
Consultation with your attorney: Before you file a lawsuit in a Lexington, Kentucky court, you need to meet and confer with a local lawyer. You lawyer in Lexington, Kentucky can advise you on whether or not your lawsuit has merit, and how likely it is to succeed.
Drafting The Complaint: Once you decide that pursuing a lawsuit in Lexington, Kentucky 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 process, 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 normally asks the court for specific 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. Lexington, Kentucky has certain 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: When you have served the defendant with the complaint in Lexington, 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 Lexington, Kentucky Tort Lawyer Help?
The basic outline above does not come close to covering all the details involved in filing a lawsuit in Lexington, 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 Lexington, Kentucky attorney.