Litigation Lawyers in Pigeon Forge
If you are a resident of Pigeon Forge, 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 Pigeon Forge, Tennessee civil litigation attorney.
The Pigeon Forge, 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 Pigeon Forge, Tennessee
Consultation with your attorney: Before you proceed with any legal action in Pigeon Forge, Tennessee, you should seek the advice and counsel of a reliable Pigeon Forge, Tennessee attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting The Complaint: Once you determine that pursuing a lawsuit in Pigeon Forge, 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 typically 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. Pigeon Forge, Tennessee requires that lawsuits be served on defendants in a specific 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: When you have served the defendant with the complaint in Pigeon Forge, Tennessee, the defendant has time to respond. The most prevalent response is known as an "answer," in which they particularly 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 Pigeon Forge, Tennessee Tort Lawyer Help?
This article gives you a general picture of what is necessary to file a lawsuit in Pigeon Forge, Tennessee. However, it should not, under any circumstances, be read as a complete guide to the litigation process.
Thus, if you want to file a lawsuit against someone in Pigeon Forge, Tennessee, you should not delay to talk with an attorney, who will be able to advise you on the best way to proceed.