Litigation Lawyers in Ashland

Residents of Ashland, Virginia who suffer legal wrongs are normally legally entitled to compensation for harm they incurred as a result. This compensation is normally obtained by filing a lawsuit.

If you wish to file a lawsuit, there are many things you need to consider, and the decision to sue someone should not be made without the counsel of an Ashland, Virginia civil litigation attorney.

The Ashland, Virginia attorney you end up contacting 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 Ashland, Virginia

Consultation with your attorney: You should always speak with an Ashland, Virginia lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Ashland, Virginia. Your lawyer will have important information and advise, helping you decide whether or not your chances of success in the lawsuit make it worth your while to proceed.

Drafting The Complaint: In Ashland, Virginia, the first step in filing a lawsuit is drafting a complaint. The complaint is a document that lays out all of your allegations against the person you're suing. It typically provides necessary background information, details the injuries you suffered, and why the person you're suing is to blame for those injuries. It also usually contains a specific "prayer" (request) for relief - a brief statement telling the court what the plaintiff is asking of it, such as monetary damages, and injunction, or other relief.

Serving the Defendant: When you have decided that you want to file a lawsuit in Ashland, Virginia, and have drafted the complaint, your next major step is to file the complaint with the court, and serve it on the defendant. The defendant must be given at least several weeks' notice that they're being sued, and as much time to review the complaint. This is a matter of basic fairness and due process, and allows the defendant to hire a lawyer and get to work on a defense. The law requires that the defendant be served in a few certain ways. The first choice is to give it to them in person. This has to be done by a person who does not have any direct involvement in the lawsuit. If that isn't possible, the defendant can be served by giving the complaint to another adult member of their household; this is called substituted service.

Await Defendant's Response: When you have served the defendant with the complaint in Ashland, Virginia, the defendant has time to respond. The most frequent response is known as an "answer," in which they specifically address the factual allegations you've made against them, normally 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 specific 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 Ashland, Virginia Tort Lawyer Help?

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

Therefore, it is critical that you consult a qualified civil litigation attorney before you file any type of lawsuit in Ashland, Virginia.