Litigation Lawyers in Plymouth
If you are a resident of Plymouth, 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 Plymouth, Pennsylvania civil litigation attorney first.
Once you retain a Plymouth, Pennsylvania litigation attorney, he or she will be able to advise you on your chances of succeeding in your lawsuit. Additionally, your lawyer can inform you on what a lawsuit is likely to cost, both in time and money. Obviously, your lawyer has some control over what it will cost you, based on their fees, and whether they bill an hourly rate, or charge on a contingency rate.
Steps for Filing a Lawsuit in Plymouth, Pennsylvania
Consultation with your attorney: Before you proceed with any legal action in Plymouth, Pennsylvania, you should seek the advice and counsel of a seasoned Plymouth, Pennsylvania attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting The Complaint: In Plymouth, Pennsylvania, the initial step in filing a lawsuit is drafting a complaint. The complaint is a document that lays out all of your allegations against the person you're suing. It typically provides necessary background information, details the injuries you suffered, and why the person you're suing is to blame for those injuries. It also usually contains a specific "prayer" (request) for relief - a brief statement telling the court what the plaintiff is asking of it, such as monetary damages, and injunction, or other relief.
Serving The Defendant: Once you have drafted your complaint, you need to serve the defendant with it, and file it with the court. Plymouth, Pennsylvania requires that lawsuits be served on defendants in a particular 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 Plymouth, Pennsylvania, 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 Plymouth, Pennsylvania Tort Lawyer Help?
This simple outline is meant to give you a basic idea of what goes into filing a lawsuit in Plymouth, Pennsylvania, but it is by no means a comprehensive guide.
Thus, it is imperative that you consult a qualified civil litigation attorney before you file any type of lawsuit in Plymouth, Pennsylvania.