Litigation Lawyers in Johnston
If you are a resident of Johnston, Rhode Island and believe that somebody has committed a legal wrong against you, and have decided that the effort and expense involved in seeking compensation is worth it, you may consider filing a lawsuit.
If you're considering filing a lawsuit, there are numerous 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 Johnston, Rhode Island civil litigation attorney first.
When you contact a civil litigation lawyer in Johnston, Rhode Island, they'll be able to give you some very useful advice, particularly 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 quickly. 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 Johnston, Rhode Island
Consultation with your attorney: You should always speak with a Johnston, Rhode Island lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Johnston, Rhode Island. Your lawyer will have crucial information and advise, helping you decide whether or not your chances of success in the lawsuit make it worth your while to proceed.
Drafting a Complaint: Once you have decided to go through with filing a lawsuit in a Johnston, Rhode Island court, you need to draft a complaint, with the help of your lawyer. A complaint is normally the first 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 valid 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 normally gives the plaintiff a chance to re-submit the complaint, with the errors corrected.
Serving The Defendant: Once you, or your lawyer, have drafted a complaint, the defendant must be served with it, so they have notice that they're being sued, and are given time to prepare a defense. Johnston, Rhode Island has certain rules governing how a complaint must be served, for the service to be valid. Personal service (having someone give the documents directly to the defendant) is preferred. However, some courts will also accept service by mail in limited circumstances, or service upon an adult member of the defendant's household.
Await Defendant's Response: When you have served the defendant with the complaint in Johnston, Rhode Island, the defendant has time to respond. The most frequent response is known as an "answer," in which they specifically 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 Johnston, Rhode Island Tort Lawyer Help?
This simple outline is meant to give you a general idea of what goes into filing a lawsuit in Johnston, Rhode Island, but it is by no means a comprehensive guide.
Therefore, if you want to file a lawsuit against someone in Johnston, Rhode Island, you should not hesitate to speak with an attorney, who will be able to advise you on the best way to proceed.