Litigation Lawyers in Burke County

If you are in Burke County, North Carolina and believe that some type of legal wrong has been committed against you, and decide that seeking legal redress will be worth the time and expense involved, you may wish to file a lawsuit.

If you wish to file a lawsuit, there are various things you need to consider, and the decision to sue someone should not be made without the counsel of a Burke County, North Carolina civil litigation attorney.

When you hire a civil litigation lawyer in Burke County, North Carolina, they'll be able to give you some very useful advice, particularly 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 quickly. 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 Burke County, North Carolina

Consultation with your attorney: Before you proceed with any legal action in Burke County, North Carolina, you should seek the advice and counsel of a knowledgeable Burke County, North Carolina attorney. He or she will be indispensable in helping you succeed in your lawsuit.

Drafting The Complaint: In Burke County, North Carolina, the first step in filing a lawsuit is drafting a complaint. The complaint is a document that lays out all of your allegations against the person you're suing. It usually provides necessary background information, details the injuries you suffered, and why the person you're suing is to blame for those injuries. It also usually contains a specific "prayer" (request) for relief - a brief statement telling the court what the plaintiff is asking of it, such as monetary damages, and injunction, or other relief.

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 specific period of time. This is required under the law of Burke County, North Carolina 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.

Await the Response: The defendant in Burke County, North Carolina has an opportunity to respond to the allegations against them. They have various options in how they respond to a lawsuit. They can move to dismiss the case (arguing that, even if everything the complaint alleges is true, they would still not be liable for anything), or they can file with the court, and serve upon the plaintiff an answer. An answer is a point-by-point disposal of every allegation against the defendant. The defendant can admit the allegations, deny them, or claim that they do not have enough information to admit or deny them (which basically operates as a denial). Typically, the defendant will admit the inconsequential allegations, so they don't have to be litigated (if the lawsuit is about a car accident involving the plaintiff and defendant, they'll probably go ahead and admit that the accident took place), but deny any allegation that could establish liability, if true (they'll deny responsibility for the car accident, for example). If the defendant does not respond by the deadline, they will have a default judgment entered against them, and automatically lose the case.

How Can A Burke County, North Carolina Tort Lawyer Help?

Filing a lawsuit in a Burke County, North Carolina court is a bit more intricate 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 speak with a qualified Burke County, North Carolina attorney.