Litigation Lawyers in Smithfield

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

Your Smithfield, 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 Smithfield, North Carolina

Consultation with your attorney: Before you continue in any legal action in Smithfield, North Carolina, you should speak with a knowledgeable local attorney in Smithfield, North Carolina. Your legal counsel can make sure you have the best possible chance of winning your case, and help you decide if you should file your lawsuit in the first place.

Drafting the complaint: In Smithfield, North Carolina, once you have decided to file a lawsuit, the first 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: 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. Smithfield, North Carolina has particular 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 has a given amount of time to respond to your lawsuit, once they confirm that they've been served in Smithfield, 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. Normally, 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 predetermined period of time, they are in "default," and basically lose the case automatically.

How Can A Smithfield, North Carolina Tort Lawyer Help?

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

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