Litigation Lawyers in Winchester
If you are in Winchester, New Hampshire 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 Winchester, New Hampshire civil litigation attorney first.
When you retain a civil litigation lawyer in Winchester, New Hampshire, they'll be able to give you some very useful advice, particularly in devising a strategy that maximizes your chances of winning your lawsuit. You'll probably also wonder how much this lawsuit is going to cost you, especially if you don't win. This largely depends on the attorney's fee structure. If the attorney charges an hourly rate, you will simply have to pay the lawyer for every hour they work. This can add up to a huge amount of money, very quickly. If they charge on a contingency basis, you do not have to pay any attorney's fees unless you win, and payment comes in the form of the percentage of the judgment. However, if you lose, you might still be responsible for costs, such as court fees, which are incurred no matter what happens to the case.
Steps for Filing a Lawsuit in Winchester, New Hampshire
Consultation with your attorney: Before you proceed with any legal action in Winchester, New Hampshire, you should seek the advice and counsel of a good Winchester, New Hampshire attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting the complaint: In Winchester, New Hampshire, 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: 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. Winchester, New Hampshire 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 Winchester, New Hampshire 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 Winchester, New Hampshire Tort Lawyer Help?
This simple outline is meant to give you a general idea of what goes into filing a lawsuit in Winchester, New Hampshire, but it is by no means a comprehensive guide.
You should seek the advice of a qualified litigation attorney if you are planning on filing a lawsuit against somebody who you think has wronged you in Winchester, New Hampshire.