Litigation Lawyers in Maryville
If you are a resident of Maryville, 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 knowledgeable Maryville, Tennessee civil litigation attorney.
The Maryville, Tennessee attorney you end up retaining 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 Maryville, Tennessee
Consultation with your attorney: Before you proceed with any legal action in Maryville, Tennessee, you should seek the advice and counsel of a reliable Maryville, Tennessee attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting The Complaint: In Maryville, Tennessee, the initial 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 decide if they add up to a legitimate 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 typically ask the court to provide specific relief, should it rule in the plaintiff's favor.
Serving The Defendant: Once you and your attorney have written a good complaint, and filed it with the court, it needs to be served on the defendant within a specific period of time. This is necessary under the law of Maryville, Tennessee to ensure that the defendant actually knows that he's being sued, and has time to find a lawyer and prepare a defense. Generally, the defendant should be served in person. However, when this isn't possible, service by mail is also acceptable in a few instances.
Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Maryville, Tennessee, the defendant has time to respond. They typically 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 establish that you've suffered losses that warrant the damages you're asking for.
How Can A Maryville, Tennessee Tort Lawyer Help?
This article gives you a general picture of what is necessary to file a lawsuit in Maryville, Tennessee. However, it should not, under any circumstances, be read as a complete guide to the litigation process.
Therefore, it's always a good idea to talk with a Maryville, Tennessee litigation attorney if you are contemplating filing a lawsuit against a person or company.