Litigation Lawyers in Hendersonville
If you are in Hendersonville, 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're contemplating filing a lawsuit, there are several things you need to consider, and it is not a decision to be made lightly. You should not file a lawsuit without seeking the advice of a Hendersonville, North Carolina civil litigation attorney first.
Your Hendersonville, North Carolina civil litigation attorney will be able to advise you on whether or not you have a legitimate case, and, if so, your best avenues on how to proceed. The attorney will also discuss with you the fees for their services, and whether he or she can represent you on a contingency basis.
Steps for Filing a Lawsuit in Hendersonville, North Carolina
Consultation with your attorney: You should always speak with a Hendersonville, North Carolina lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Hendersonville, North Carolina. Your lawyer will have essential information and advise, helping you decide whether or not your chances of success in the lawsuit make it worth your while to proceed.
Drafting the complaint: In Hendersonville, North Carolina, once you have decided to file a lawsuit, the initial 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: When you have determined that you want to file a lawsuit in Hendersonville, North Carolina, and have drafted the complaint, your next important 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 general 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 particular ways. The initial 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: In Hendersonville, North Carolina, the law gives civil defendants a fairly long period of time (a month or two typically) to respond to a lawsuit against them. The most prevalent response is either an answer (where they address the factual allegations against them, typically denying most or all of the allegations) or a motion to dismiss (where the contend that, even if everything alleged in the complaint is true, those facts would not establish liability). If the defendant does nothing, and fails to respond, they run the risk of having a default judgment entered against them. This typically means that the court automatically rules against them, treating the plaintiff as if they won the lawsuit. This gives the plaintiff a judgment against the defendant, which they can seek to collect using all legal means.
How Can A Hendersonville, North Carolina Tort Lawyer Help?
Filing a lawsuit in a Hendersonville, North Carolina court is a bit more intricate than the basic outline laid out above.
Thus, it is imperative that you consult a qualified civil litigation attorney before you file any type of lawsuit in Hendersonville, North Carolina.