Litigation Lawyers in Clemmons
If you are in Clemmons, North Carolina and believe that some form of legal wrong has been committed against you, and determine 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 many things you need to consider, and the decision to sue someone should not be made without the counsel of a Clemmons, North Carolina civil litigation attorney.
When you contact a civil litigation lawyer in Clemmons, North Carolina, 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 Clemmons, North Carolina
Consultation with your attorney: Before you proceed with any legal action in Clemmons, North Carolina, you should seek the advice and counsel of a seasoned Clemmons, North Carolina attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting the complaint: In Clemmons, North Carolina, once you have decided to file a lawsuit, the initial thing you normally have to do is draft a complaint. The complaint is a document that contains all of the allegations you're making against the defendant (the person whom you are suing). It normally must allege all of the facts necessary to constitute a cause of action, though in some systems, very few facts are strictly required to be alleged. It also usually has, at the end, a "prayer" (request) for relief. This final section tells the court what type of relief the plaintiff wants, should the court 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. Clemmons, North Carolina 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 The Response: The defendant has a specific amount of time to respond to your lawsuit, once they confirm that they've been served in Clemmons, North Carolina. 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 Clemmons, North Carolina Tort Lawyer Help?
This simple outline is meant to give you a basic idea of what goes into filing a lawsuit in Clemmons, North Carolina, but it is by no means a comprehensive guide.
Thus, if you want to file a lawsuit against someone in Clemmons, North Carolina, you should not delay to talk with an attorney, who will be able to advise you on the best way to proceed.