Litigation Lawyers in Kennett Square

If you are a resident of Kennett Square, 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're contemplating filing a lawsuit, there are several 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 Kennett Square, Pennsylvania civil litigation attorney first.

Your Kennett Square, Pennsylvania 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 Kennett Square, Pennsylvania

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

Drafting The Complaint: In Kennett Square, 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 usually 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 Kennett Square, 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 specific 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.

Await Defendant's Response: When you have served the defendant with the complaint in Kennett Square, Pennsylvania, the defendant has time to respond. The most common response is known as an "answer," in which they particularly address the factual allegations you've made against them, usually 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 certain 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 Kennett Square, Pennsylvania Tort Lawyer Help?

The basic outline above does not come close to covering all the specifics involved in filing a lawsuit in Kennett Square, Pennsylvania.

Thus, if you want to file a lawsuit against someone in Kennett Square, Pennsylvania, you should not delay to talk with an attorney, who will be able to advise you on the best way to proceed.