Litigation Lawyers in Texarkana
If you are a resident of Texarkana, 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 Texarkana, Texas before you proceed.
Once you retain a Texarkana, Texas litigation attorney, he or she will be able to advise you on your chances of succeeding in your lawsuit. Additionally, your lawyer can inform you on what a lawsuit is likely to cost, both in time and money. Obviously, your lawyer has some control over what it will cost you, based on their fees, and whether they bill an hourly rate, or charge on a contingency rate.
Steps for Filing a Lawsuit in Texarkana, Texas
Consultation With Your Attorney: Before filing any case in Texarkana, Texas, you should talk with a local attorney. Your Texarkana, Texas attorney will be able to advise you on the merits of your lawsuit, and your chances of success.
Drafting a Complaint: Once you have decided to go through with filing a lawsuit in a Texarkana, Texas court, you need to draft a complaint, with the help of your lawyer. A complaint is normally the initial step in actually filing a lawsuit. The complaint is the plaintiff's first opportunity to lay out the allegations against the defendant. If a complaint doesn't allege facts that add up to a legitimate lawsuit (that is, even if everything alleged in the complaint is true, the defendant has still not committed a legal wrong that the court can compensate), the case will have to be dismissed. When a case is dismissed for this reason, the court normally gives the plaintiff a chance to re-submit the complaint, with the errors corrected.
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 particular period of time. This is necessary under the law of Texarkana, Texas 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.
Await The Response: The defendant has a specific amount of time to respond to your lawsuit, once they confirm that they've been served in Texarkana, Texas. The defendant will likely respond with an answer to your complaint. An answer is a document in which the defendant admits or denies the specific factual allegations made by the plaintiff. Usually, the defendant will admit the allegations that are not seriously in dispute (for instance, if the lawsuit concerns a car accident, they'll probably admit that an accident did, in fact, take place), but deny the more serious allegations (they'll probably deny that they were responsible for the accident). If the defendant fails to respond within a specific period of time, they are in "default," and basically lose the case automatically.
How Can A Texarkana, Texas Tort Lawyer Help?
Filing a lawsuit in a Texarkana, Texas court is a bit more complex than the basic outline laid out above.
Thus, it is crucial that you consult a qualified civil litigation attorney before you file any type of lawsuit in Texarkana, Texas.