Litigation Lawyers in Bennington
Residents of Bennington, Vermont 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 a Bennington, Vermont civil litigation attorney.
Once you retain a Bennington, Vermont litigation attorney, he or she will be able to advise you on your chances of succeeding in your lawsuit. Additionally, 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 Bennington, Vermont
Consultation with your attorney: Before you proceed with any legal action in Bennington, Vermont, you should seek the advice and counsel of a brilliant Bennington, Vermont attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting the complaint: In Bennington, Vermont, once you have decided to file a lawsuit, the first thing you normally have to do is draft a complaint. The complaint is a document that contains all of the allegations you're making against the defendant (the person whom you are suing). It normally must allege all of the facts necessary to constitute a cause of action, though in some systems, very few facts are strictly required to be alleged. It also usually has, at the end, a "prayer" (request) for relief. This final section tells the court what type of relief the plaintiff wants, should the court rule in the plaintiff's favor.
Serving The Defendant: Once you have drafted your complaint, you need to serve the defendant with it, and file it with the court. Bennington, Vermont requires that lawsuits be served on defendants in a particular 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 Bennington, Vermont, the defendant has time to respond. They normally 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 show that you've suffered losses that warrant the damages you're asking for.
How Can A Bennington, Vermont Tort Lawyer Help?
As you can see, it can be a complex and difficult process to file a lawsuit in Bennington, Vermont, and it is, in fact, much more complex than the basic outline you just read.
You should seek the advice of a reliable litigation attorney if you are planning on filing a lawsuit against somebody who you think has wronged you in Bennington, Vermont.