Litigation Lawyers in North Myrtle Beach
If you are a resident of North Myrtle Beach, South Carolina 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 think that you may want to file a lawsuit, you should not make this decision easily, and there are a lot of factors that need to be taken into account. Obviously, you should never go into a lawsuit without at least consulting a reliable North Myrtle Beach, South Carolina civil litigation attorney.
Your North Myrtle Beach, South Carolina 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 North Myrtle Beach, South Carolina
Consultation with your attorney: Before you file a lawsuit in a North Myrtle Beach, South Carolina court, you need to meet and confer with a local lawyer. You lawyer in North Myrtle Beach, South Carolina can advise you on whether or not your lawsuit has merit, and how possible it is to prevail.
Drafting a Complaint: Once you have decided to go through with filing a lawsuit in a North Myrtle Beach, South Carolina court, you need to draft a complaint, with the help of your lawyer. A complaint is normally 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 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. North Myrtle Beach, South Carolina 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 The Response: The defendant has a specific amount of time to respond to your lawsuit, once they confirm that they've been served in North Myrtle Beach, South Carolina. The defendant will likely respond with an answer to your complaint. An answer is a document in which the defendant admits or denies the specific factual allegations made by the plaintiff. Usually, the defendant will admit the allegations that are not seriously in dispute (for instance, if the lawsuit concerns a car accident, they'll probably admit that an accident did, in fact, take place), but deny the more serious allegations (they'll probably deny that they were responsible for the accident). If the defendant fails to respond within a specific period of time, they are in "default," and basically lose the case automatically.
How Can A North Myrtle Beach, South Carolina Tort Lawyer Help?
This simple outline is meant to give you a basic idea of what goes into filing a lawsuit in North Myrtle Beach, South Carolina, but it is by no means a comprehensive guide.
Thus, it is essential that you consult a qualified civil litigation attorney before you file any type of lawsuit in North Myrtle Beach, South Carolina.