Filing a Lawsuit in Toms River, New Jersey

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Litigation Lawyers in Toms River

If you are in Toms River, New Jersey 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 think that filing a lawsuit is a good choice in seeking redress, you should not rush into this decision. A lawsuit is a time-consuming and costly process. You should not make a final decision without talking to a Toms River, New Jersey attorney.

Your Toms River, New Jersey 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 Toms River, New Jersey

Consultation with your attorney: Before you continue in any legal action in Toms River, New Jersey, you should speak with a seasoned local attorney in Toms River, New Jersey. 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 Toms River, New Jersey, the initial step to filing a lawsuit, once you've actually decided to do so (in consultation with your attorney), is writing a complaint. A complaint is simply a list of facts that you allege against the defendant. A court must look at these allegations and decide if they add up to a legitimate cause of action, assuming they're true. If they do not add up to a cause of action, the case may be dismissed. The complaint also normally ask the court to provide specific relief, should it 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. Toms River, New Jersey 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: When you have served the defendant with the complaint in Toms River, New Jersey, the defendant has time to respond. The most frequent response is known as an "answer," in which they particularly address the factual allegations you've made against them, normally by denying most of the allegations. They might also move to dismiss the case if they can argue that the complaint is legally flawed. A judge then has to rule on this motion. If the defendant doesn't respond within a specific period of time, they are said to have "defaulted." This allows the court to enter a default judgment, in which the plaintiff essentially automatically wins the lawsuit. Once this happens, the defendant, if they're ever located, can be served with the judgment, and will have very little power to challenge the merits of your case.

How Can A Toms River, New Jersey Tort Lawyer Help?

This article gives you a general picture of what is necessary to file a lawsuit in Toms River, New Jersey. 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 Toms River, New Jersey, you should not delay to talk with an attorney, who will be able to advise you on the best way to proceed.

Talk to a Law Attorney now!

Life in Toms River

Toms River underwent a name change in November of 2006. Prior to being called Toms River, the city was called the Township of Dover. As of 2010, the city has a population of 91,239 people.

The city is known because in 2006 it was ranked fourteenth amongst the Safest City in the U.S. by Morgan Quitno. Three hundred and sixty-nine cities were surveyed. CQ Press, in 2007 and 2008 also ranked Toms River in their Safest Cities list.

Toms River has been pictured in popular television shows such as MTV's Made and Jersey Shore, as well as Boardwalk Empire on HBO. It has also been pictured in the popular film The Amityville Horror.

The area is home to many attorneys who have established well-respected practices. Therefore, the legal inquiries of residents and local businesses can easily be handled by Toms River's legal force.

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