Litigation Lawyers in Rutherfordton

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

Your Rutherfordton, 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 Rutherfordton, North Carolina

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

Drafting The Complaint: Once you determine that pursuing a lawsuit in Rutherfordton, North Carolina civil court is worth your time and effort, you need to file a complaint. The complaint can set the tone, and frame the issues, for the rest of the litigation procedure, which can drag on for months, or even years (and decades, in some cases). This is because the complaint lays out all the allegations against the defendant. It also usually asks the court for particular relief, should it rule in the plaintiff's favor.

Serving The Defendant: Once you and your attorney have written a good complaint, and filed it with the court, it needs to be served on the defendant within a certain period of time. This is necessary under the law of Rutherfordton, North Carolina to ensure that the defendant actually knows that he's being sued, and has time to find a lawyer and prepare a defense. Generally, the defendant should be served in person. However, when this isn't possible, service by mail is also acceptable in a few instances.

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 Rutherfordton, North Carolina. The defendant will likely 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 instance, 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 Rutherfordton, North Carolina Tort Lawyer Help?

This article gives you a general picture of what is necessary to file a lawsuit in Rutherfordton, North Carolina. However, it should not, under any circumstances, be read as a complete guide to the litigation process.

Thus, if you want to file a lawsuit against someone in Rutherfordton, North Carolina, you should not delay to talk with an attorney, who will be able to advise you on the best way to proceed.