Litigation Lawyers in Hope Mills

If you are in Hope Mills, 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're considering filing a lawsuit, there are many 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 Hope Mills, North Carolina civil litigation attorney first.

Your Hope Mills, 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 options 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 Hope Mills, North Carolina

Consultation with your attorney: You should always speak with a Hope Mills, North Carolina lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Hope Mills, North Carolina. Your lawyer will have important information and advise, helping you decide whether or not your chances of success in the lawsuit make it worth your while to proceed.

Drafting a Complaint: Once you have decided to go through with filing a lawsuit in a Hope Mills, North Carolina court, you need to draft a complaint, with the help of your lawyer. A complaint is usually the first step in actually filing a lawsuit. The complaint is the plaintiff's first opportunity to lay out the allegations against the defendant. If a complaint doesn't allege facts that add up to a valid lawsuit (that is, even if everything alleged in the complaint is true, the defendant has still not committed a legal wrong that the court can compensate), the case will have to be dismissed. When a case is dismissed for this reason, the court usually gives the plaintiff a chance to re-submit the complaint, with the errors corrected.

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. Hope Mills, North Carolina has specific 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 in Hope Mills, North Carolina has an opportunity to respond to the allegations against them. They have several 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). Usually, 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 Hope Mills, North Carolina Tort Lawyer Help?

The basic outline above does not come close to covering all the details involved in filing a lawsuit in Hope Mills, North Carolina.

Accordingly, it's always a good idea to speak with a Hope Mills, North Carolina litigation attorney if you are contemplating filing a lawsuit against a person or company.