Litigation Lawyers in Greenwood
If you are a resident of Greenwood, South Carolina 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 many 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 Greenwood, South Carolina civil litigation attorney first.
When you retain a civil litigation lawyer in Greenwood, South Carolina, 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 Greenwood, South Carolina
Consultation with your attorney: Before you proceed with any legal action in Greenwood, South Carolina, you should seek the advice and counsel of a good Greenwood, South Carolina attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting The Complaint: In Greenwood, South Carolina, the first 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 determine if they add up to a valid 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: 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. Greenwood, South Carolina has specific 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: In Greenwood, South Carolina, the law gives civil defendants a fairly long period of time (a month or two usually) to respond to a lawsuit against them. The most common response is either an answer (where they address the factual allegations against them, usually denying most or all of the allegations) or a motion to dismiss (where the contend that, even if everything alleged in the complaint is true, those facts would not establish liability). If the defendant does nothing, and fails to respond, they run the risk of having a default judgment entered against them. This usually means that the court automatically rules against them, treating the plaintiff as if they won the lawsuit. This gives the plaintiff a judgment against the defendant, which they can seek to collect using all legal means.
How Can A Greenwood, South Carolina Tort Lawyer Help?
The basic outline above does not come close to covering all the details involved in filing a lawsuit in Greenwood, South Carolina.
Accordingly, it's always a good idea to speak with a Greenwood, South Carolina litigation attorney if you are contemplating filing a lawsuit against a person or company.