Filing a Lawsuit in Cranston, Rhode Island

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Litigation Lawyers in Cranston

If you are a resident of Cranston, Rhode Island 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 Cranston, Rhode Island civil litigation attorney first.

When you retain a civil litigation lawyer in Cranston, Rhode Island, 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 Cranston, Rhode Island

Consultation with your attorney: You should always speak with a Cranston, Rhode Island lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Cranston, Rhode Island. Your lawyer will have critical information and advise, helping you decide whether or not your chances of success in the lawsuit make it worth your while to proceed.

Drafting the complaint: In Cranston, Rhode Island, once you have decided to file a lawsuit, the initial thing you usually have to do is draft a complaint. The complaint is a document that contains all of the allegations you're making against the defendant (the person whom you are suing). It usually must allege all of the facts necessary to constitute a cause of action, though in some systems, very few facts are strictly required to be alleged. It also typically has, at the end, a "prayer" (request) for relief. This final section tells the court what type of relief the plaintiff wants, should the court rule in the plaintiff's favor.

Serving the Defendant: When you have determined that you want to file a lawsuit in Cranston, Rhode Island, 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.

Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Cranston, Rhode Island, the defendant has time to respond. They usually 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 prove that you've suffered losses that warrant the damages you're asking for.

How Can A Cranston, Rhode Island Tort Lawyer Help?

The basic outline above does not come close to covering all the specifics involved in filing a lawsuit in Cranston, Rhode Island.

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

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Life in Cranston

Cranston is located in Providence County, Rhode Island, It was once called Pawtuxet. It is the third largest city in the state, with a population of 80,387 per the 2010 census.

Interestingly, Money Magazine named the city amongst the "100 Best Place to Live" in 2006. CQ Press's conducted research ranks Cranston amongst the "Twenty-Five Top Safest Cities in the U.S."

Popular attractions include the Warwick Mall and the CLCF Building. One unfortunate reason the city is known is because in 2010, the Pawtuxet River overflowed, adversely affecting many prominent sites and residences around Cranston.

Famous residents include A.J. Smith, Deon Anderson, Hugh Duffy, Mark Van Eeghen, Michael Parkhurst, Vinny Paz, Will Blackmon, Tom Denucci, Jeff Diehl, and Mike Stud.

Cranston is also home to attorneys that are able to provide residents and local businesses with excellent legal advice. Therefore, residents and business owners do not need to travel far to have their legal needs taken care of.

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