Litigation Lawyers in Allentown
If you are a resident of Allentown, Pennsylvania and believe that somebody has committed a legal wrong against you, and have determined that the effort and expense involved in seeking payment is worth it, you may consider filing a lawsuit.
If you wish to file a lawsuit, there are various things you need to consider, and the decision to sue someone should not be made without the counsel of an Allentown, Pennsylvania civil litigation attorney.
When you hire a civil litigation lawyer in Allentown, Pennsylvania, they'll be able to give you some extremely useful advice, especially 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 rapidly. 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 Allentown, Pennsylvania
Consultation with your attorney: Before you file a lawsuit in an Allentown, Pennsylvania court, you need to meet and confer with a local lawyer. You lawyer in Allentown, Pennsylvania can advise you on whether or not your lawsuit has merit, and how possible it is to prevail.
Drafting The Complaint: In Allentown, Pennsylvania, 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 typically 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. Allentown, Pennsylvania 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 Defendant's Response: When you have served the defendant with the complaint in Allentown, Pennsylvania, the defendant has time to respond. The most prevalent response is known as an "answer," in which they particularly address the factual allegations you've made against them, typically 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 given 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 Allentown, Pennsylvania Tort Lawyer Help?
This simple outline is meant to give you a basic idea of what goes into filing a lawsuit in Allentown, Pennsylvania, but it is by no means a comprehensive guide.
You should seek the advice of a knowledgeable litigation attorney if you are planning on filing a lawsuit against somebody who you think has wronged you in Allentown, Pennsylvania.