Litigation Lawyers in Livingston

If you are a resident of Livingston, Texas 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 are contemplating filing a lawsuit, you should know that there are many factors that need to be considered before doing so. You should definitely retain a seasoned attorney from Livingston, Texas before you proceed.

Your Livingston, Texas 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 Livingston, Texas

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

Drafting the complaint: In Livingston, Texas, once you have decided to file a lawsuit, the initial thing you normally have to do is draft a complaint. The complaint is a document that contains all of the allegations you're making against the defendant (the person whom you are suing). It normally must allege all of the facts necessary to constitute a cause of action, though in some systems, very few facts are strictly required to be alleged. It also usually has, at the end, a "prayer" (request) for relief. This final section tells the court what type of relief the plaintiff wants, should the court 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. Livingston, Texas requires that lawsuits be served on defendants in a particular 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 the Response: The defendant in Livingston, Texas has an chance to respond to the allegations against them. They have many options in how they respond to a lawsuit. They can move to dismiss the case (arguing that, even if everything the complaint alleges is true, they would still not be liable for anything), or they can file with the court, and serve upon the plaintiff an answer. An answer is a point-by-point disposal of every allegation against the defendant. The defendant can admit the allegations, deny them, or claim that they do not have enough information to admit or deny them (which essentially operates as a denial). Normally, the defendant will admit the inconsequential allegations, so they don't have to be litigated (if the lawsuit is about a car accident involving the plaintiff and defendant, they'll probably go ahead and admit that the accident took place), but deny any allegation that could establish liability, if true (they'll deny responsibility for the car accident, for example). If the defendant does not respond by the deadline, they will have a default judgment entered against them, and automatically lose the case.

How Can A Livingston, Texas Tort Lawyer Help?

This simple outline is meant to give you a basic idea of what goes into filing a lawsuit in Livingston, Texas, but it is by no means a comprehensive guide.

Therefore, it's always a good idea to talk with a Livingston, Texas litigation attorney if you are contemplating filing a lawsuit against a person or company.