Litigation Lawyers in Rocky Mount
Residents of Rocky Mount, 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 Rocky Mount, Virginia civil litigation attorney.
Once you contact a Rocky Mount, Virginia litigation attorney, he or she will be able to advise you on your chances of succeeding in your lawsuit. Moreover, 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 Rocky Mount, Virginia
Consultation with your attorney: Before you file a lawsuit in a Rocky Mount, Virginia court, you need to meet and confer with a local lawyer. You lawyer in Rocky Mount, Virginia can advise you on whether or not your lawsuit has merit, and how likely it is to succeed.
Drafting a Complaint: Once you have decided to go through with filing a lawsuit in a Rocky Mount, Virginia court, you need to draft a complaint, with the help of your lawyer. A complaint is typically the first 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 valid 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 typically gives the plaintiff a chance to re-submit the complaint, with the errors corrected.
Serving The Defendant: Once you have drafted your complaint, you need to serve the defendant with it, and file it with the court. Rocky Mount, Virginia requires that lawsuits be served on defendants in a specific way. This is to ensure that the defendant has a good deal of notice that they're being sued, giving them time to find an attorney, and work on how they're going to defend themselves. It is strongly preferred to serve defendants in person (with a disinterested third party delivering the papers to the defendant). Sometimes, however, the defendant cannot be found, or is trying to avoid service, they can be served by mail with court approval.
Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Rocky Mount, Virginia, the defendant has time to respond. They typically do so by drafting an answer to the complaint, in which they deny the plaintiff's allegations, or assert a legal defense. If the defendant fails to respond within a set period of time, they will be in default, and you may be able to get a "default judgment" against them, in which all of your allegations against the defendant are treated as if the defendant admitted them, and you only need to establish that you've suffered losses that warrant the damages you're asking for.
How Can A Rocky Mount, Virginia Tort Lawyer Help?
As you can see, it can be an intricate and difficult process to file a lawsuit in Rocky Mount, Virginia, and it is, in fact, much more intricate than the basic outline you just read.
If you have suffered a legal wrong in and decide to sue the person who you believed wronged you, you should speak with a qualified Rocky Mount, Virginia attorney.