Litigation Lawyers in Morristown

If you are a resident of Morristown, Tennessee 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 think that you may want to file a lawsuit, you should not make this decision lightly, 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 Morristown, Tennessee civil litigation attorney.

The Morristown, Tennessee attorney you end up retaining will be able to advise you on whether you have a good case. If you do, they will also 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 Morristown, Tennessee

Consultation with your attorney: Before you proceed with any legal action in Morristown, Tennessee, you should seek the advice and counsel of a knowledgeable Morristown, Tennessee attorney. He or she will be indispensable in helping you succeed in your lawsuit.

Drafting The Complaint: Once you decide that pursuing a lawsuit in Morristown, 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 process, 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 typically asks the court for 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. Morristown, Tennessee has particular 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 Morristown, Tennessee, the defendant has time to respond. The most prevalent response is known as an "answer," in which they specifically address the factual allegations you've made against them, typically 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 given 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 Morristown, Tennessee Tort Lawyer Help?

This article gives you a basic picture of what is required to file a lawsuit in Morristown, Tennessee. However, it should not, under any circumstances, be read as a complete guide to the litigation process.

Therefore, if you want to file a lawsuit against someone in Morristown, Tennessee, you should not hesitate to speak with an attorney, who will be able to advise you on the best way to proceed.