Litigation Lawyers in Gatlinburg

If you are a resident of Gatlinburg, Tennessee 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 qualified Gatlinburg, Tennessee civil litigation attorney.

The Gatlinburg, Tennessee attorney you end up hiring will be able to advise you on whether you have a good case. If you do, they will further advise you on your best options on how to proceed. Your lawyer can also inform you about what their fees are, and if they have multiple payment options.

Steps for Filing a Lawsuit in Gatlinburg, Tennessee

Consultation With Your Attorney: Before filing any case in Gatlinburg, Tennessee, you should talk with a local attorney. Your Gatlinburg, Tennessee attorney will be able to advise you on the merits of your lawsuit, and your chances of success.

Drafting The Complaint: Once you determine that pursuing a lawsuit in Gatlinburg, Tennessee civil court is worth your time and effort, you need to file a complaint. The complaint can set the tone, and frame the issues, for the rest of the litigation procedure, which can drag on for months, or even years (and decades, in some cases). This is because the complaint lays out all the allegations against the defendant. It also usually asks the court for particular relief, should it rule in the plaintiff's favor.

Serving The Defendant: Once you have drafted your complaint, you need to serve the defendant with it, and file it with the court. Gatlinburg, Tennessee requires that lawsuits be served on defendants in a certain 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: In Gatlinburg, Tennessee, 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 Gatlinburg, Tennessee Tort Lawyer Help?

As you can see, it can be a complicated and difficult process to file a lawsuit in Gatlinburg, Tennessee, and it is, in fact, much more complicated than the basic outline you just read.

You should seek the advice of a qualified litigation attorney if you are planning on filing a lawsuit against somebody who you think has wronged you in Gatlinburg, Tennessee.