Litigation Lawyers in Minersville
If you are a resident of Minersville, 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 various 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 Minersville, Pennsylvania civil litigation attorney first.
Your Minersville, 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 Minersville, Pennsylvania
Consultation with your attorney: Before you continue in any legal action in Minersville, Pennsylvania, you should speak with a reliable local attorney in Minersville, Pennsylvania. 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 a Complaint: Once you have decided to go through with filing a lawsuit in a Minersville, Pennsylvania court, you need to draft a complaint, with the help of your lawyer. A complaint is typically the initial step in actually filing a lawsuit. The complaint is the plaintiff's first opportunity to lay out the allegations against the defendant. If a complaint doesn't allege facts that add up to a legitimate lawsuit (that is, even if everything alleged in the complaint is true, the defendant has still not committed a legal wrong that the court can compensate), the case will have to be dismissed. When a case is dismissed for this reason, the court typically gives the plaintiff a chance to re-submit the complaint, with the errors corrected.
Serving The Defendant: Once you have drafted your complaint, you need to serve the defendant with it, and file it with the court. Minersville, Pennsylvania requires that lawsuits be served on defendants in a specific way. This is to ensure that the defendant has a good deal of notice that they're being sued, giving them time to find an attorney, and work on how they're going to defend themselves. It is highly preferred to serve defendants in person (with a disinterested third party delivering the papers to the defendant). Occasionally, however, the defendant cannot be found, or is trying to avoid service, they can be served by mail with court approval.
Await Defendant's Response: When you have served the defendant with the complaint in Minersville, 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 Minersville, Pennsylvania Tort Lawyer Help?
This simple outline is meant to give you a basic idea of what goes into filing a lawsuit in Minersville, Pennsylvania, but it is by no means a comprehensive guide.
Thus, if you want to file a lawsuit against someone in Minersville, Pennsylvania, you should not delay to talk with an attorney, who will be able to advise you on the best way to proceed.