Litigation Lawyers in Mecklenburg County

If you are in Mecklenburg 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're considering filing a lawsuit, there are numerous 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 Mecklenburg County, North Carolina civil litigation attorney first.

Your Mecklenburg County, 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 Mecklenburg County, North Carolina

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

Drafting the complaint: In Mecklenburg County, North Carolina, once you have decided to file a lawsuit, the first 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. Mecklenburg County, 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 Defendant's Response: In Mecklenburg County, North Carolina, the law gives civil defendants a fairly long period of time (a month or two normally) to respond to a lawsuit against them. The most frequent response is either an answer (where they address the factual allegations against them, normally 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 normally 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 Mecklenburg County, North Carolina Tort Lawyer Help?

As you can see, it can be a complex and difficult process to file a lawsuit in Mecklenburg County, North Carolina, and it is, in fact, much more complex than the basic outline you just read.

Therefore, it is important that you consult a qualified civil litigation attorney before you file any type of lawsuit in Mecklenburg County, North Carolina.