Litigation Lawyers in Emmaus

If you are a resident of Emmaus, 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 Emmaus, Pennsylvania civil litigation attorney.

When you hire a civil litigation lawyer in Emmaus, 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 Emmaus, Pennsylvania

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

Drafting The Complaint: In Emmaus, 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: When you have determined that you want to file a lawsuit in Emmaus, Pennsylvania, and have drafted the complaint, your next important step is to file the complaint with the court, and serve it on the defendant. The defendant must be given at least several weeks' notice that they're being sued, and as much time to review the complaint. This is a matter of general fairness and due process, and allows the defendant to hire a lawyer and get to work on a defense. The law requires that the defendant be served in a few particular ways. The initial choice is to give it to them in person. This has to be done by a person who does not have any direct involvement in the lawsuit. If that isn't possible, the defendant can be served by giving the complaint to another adult member of their household; this is called substituted service.

Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Emmaus, Pennsylvania, the defendant has time to respond. They typically do so by drafting an answer to the complaint, in which they deny the plaintiff's allegations, or assert a legal defense. If the defendant fails to respond within a set period of time, they will be in default, and you may be able to get a "default judgment" against them, in which all of your allegations against the defendant are viewed as if the defendant admitted them, and you only need to establish that you've suffered losses that warrant the damages you're asking for.

How Can A Emmaus, Pennsylvania Tort Lawyer Help?

As you can see, it can be an intricate and difficult process to file a lawsuit in Emmaus, Pennsylvania, and it is, in fact, much more intricate than the basic outline you just read.

Thus, it is essential that you consult a qualified civil litigation attorney before you file any type of lawsuit in Emmaus, Pennsylvania.