Litigation Lawyers in Fairfax County

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

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

The Fairfax County, Virginia 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 Fairfax County, Virginia

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

Drafting The Complaint: In Fairfax County, Virginia, the first step to filing a lawsuit, once you've actually decided to do so (in consultation with your attorney), is writing a complaint. A complaint is simply a list of facts that you allege against the defendant. A court must look at these allegations and determine if they add up to a valid cause of action, assuming they're true. If they do not add up to a cause of action, the case may be dismissed. The complaint also typically ask the court to provide 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. Fairfax County, Virginia 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: In Fairfax County, Virginia, the law gives civil defendants a fairly long period of time (a month or two typically) to respond to a lawsuit against them. The most prevalent response is either an answer (where they address the factual allegations against them, typically denying most or all of the allegations) or a motion to dismiss (where the contend that, even if everything alleged in the complaint is true, those facts would not establish liability). If the defendant does nothing, and fails to respond, they run the risk of having a default judgment entered against them. This typically means that the court automatically rules against them, treating the plaintiff as if they won the lawsuit. This gives the plaintiff a judgment against the defendant, which they can seek to collect using all legal means.

How Can A Fairfax County, Virginia Tort Lawyer Help?

As you can see, it can be an intricate and difficult process to file a lawsuit in Fairfax County, Virginia, and it is, in fact, much more intricate than the basic outline you just read.

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