Litigation Lawyers in Lynchburg
Residents of Lynchburg, Virginia who suffer legal wrongs are usually legally entitled to compensation for harm they incurred as a result. This compensation is usually obtained by filing a lawsuit.
If you wish to file a lawsuit, there are several things you need to consider, and the decision to sue someone should not be made without the counsel of a Lynchburg, Virginia civil litigation attorney.
The Lynchburg, Virginia attorney you end up hiring will be able to advise you on whether you have a good case. If you do, they will further 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 Lynchburg, Virginia
Consultation with your attorney: Before you continue in any legal action in Lynchburg, Virginia, you should speak with a reputable local attorney in Lynchburg, 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 Lynchburg, Virginia, the initial 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 decide if they add up to a legitimate 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 usually 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. Lynchburg, Virginia has specific 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 Lynchburg, Virginia, the law gives civil defendants a fairly long period of time (a month or two usually) to respond to a lawsuit against them. The most common response is either an answer (where they address the factual allegations against them, usually 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 usually 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 Lynchburg, Virginia Tort Lawyer Help?
The basic outline above does not come close to covering all the specifics involved in filing a lawsuit in Lynchburg, Virginia.
Thus, it is essential that you consult a qualified civil litigation attorney before you file any type of lawsuit in Lynchburg, Virginia.