Litigation Lawyers in Clinton
If you are in Clinton, 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 Clinton, North Carolina civil litigation attorney.
When you hire a civil litigation lawyer in Clinton, 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 Clinton, North Carolina
Consultation with your attorney: Before you proceed with any legal action in Clinton, North Carolina, you should seek the advice and counsel of a knowledgeable Clinton, North Carolina attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting the complaint: In Clinton, North Carolina, once you have decided to file a lawsuit, the first thing you typically 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 typically 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 normally 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. Clinton, North Carolina has particular 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 given amount of time to respond to your lawsuit, once they confirm that they've been served in Clinton, North Carolina. The defendant will probably 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. Normally, the defendant will admit the allegations that are not seriously in dispute (for example, 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 predetermined period of time, they are in "default," and basically lose the case automatically.
How Can A Clinton, North Carolina Tort Lawyer Help?
This article gives you a basic picture of what is required to file a lawsuit in Clinton, North Carolina. However, it should not, under any circumstances, be read as a complete guide to the litigation process.
Accordingly, it's always a good idea to speak with a Clinton, North Carolina litigation attorney if you are contemplating filing a lawsuit against a person or company.