Litigation Lawyers in New Bern

If you are in New Bern, 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 New Bern, North Carolina civil litigation attorney first.

Your New Bern, 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 New Bern, North Carolina

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

Drafting the complaint: In New Bern, North Carolina, once you have decided to file a lawsuit, the first thing you usually 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 usually 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 typically 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 decided that you want to file a lawsuit in New Bern, North Carolina, and have drafted the complaint, your next major 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 basic 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 specific ways. The first 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 The Response: The defendant has a certain amount of time to respond to your lawsuit, once they confirm that they've been served in New Bern, 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. Typically, 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 set period of time, they are in "default," and basically lose the case automatically.

How Can A New Bern, North Carolina Tort Lawyer Help?

This simple outline is meant to give you a general idea of what goes into filing a lawsuit in New Bern, North Carolina, but it is by no means a comprehensive guide.

Therefore, if you want to file a lawsuit against someone in New Bern, North Carolina, you should not hesitate to speak with an attorney, who will be able to advise you on the best way to proceed.