Litigation Lawyers in Loudon County
Residents of Loudon 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 Loudon County, Virginia civil litigation attorney.
The Loudon 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 Loudon County, Virginia
Consultation with your attorney: Before you continue in any legal action in Loudon County, Virginia, you should speak with a knowledgeable local attorney in Loudon County, Virginia. Your legal counsel can make sure you have the best possible chance of winning your case, and help you decide if you should file your lawsuit in the first place.
Drafting The Complaint: In Loudon 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. Loudon 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: When you have served the defendant with the complaint in Loudon County, Virginia, the defendant has time to respond. The most prevalent response is known as an "answer," in which they specifically 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 Loudon County, Virginia Tort Lawyer Help?
This simple outline is meant to give you a general idea of what goes into filing a lawsuit in Loudon County, Virginia, but it is by no means a comprehensive guide.
Therefore, if you want to file a lawsuit against someone in Loudon County, Virginia, you should not hesitate to speak with an attorney, who will be able to advise you on the best way to proceed.