Litigation Lawyers in Beckley
Residents of Beckley, West 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're considering filing a lawsuit, there are many things you need to consider, and it is not a decision to be made lightly. You should not file a lawsuit without seeking the advice of a Beckley, West Virginia civil litigation attorney first.
Once you hire a Beckley, West Virginia litigation attorney, he or she will be able to advise you on your chances of succeeding in your lawsuit. Furthermore, 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 Beckley, West Virginia
Consultation With Your Attorney: Before filing any lawsuit in Beckley, West Virginia, you should speak with a local attorney. Your Beckley, West Virginia attorney will be able to advise you on the merits of your lawsuit, and your chances of success.
Drafting The Complaint: Once you decide that pursuing a lawsuit in Beckley, West Virginia civil court is worth your time and effort, you need to file a complaint. The complaint can set the tone, and frame the issues, for the rest of the litigation process, which can drag on for months, or even years (and decades, in some cases). This is because the complaint lays out all the allegations against the defendant. It also usually asks the court for specific relief, should it rule in the plaintiff's favor.
Serving The Defendant: Once you and your attorney have written a good complaint, and filed it with the court, it needs to be served on the defendant within a certain period of time. This is required under the law of Beckley, West Virginia to ensure that the defendant actually knows that he's being sued, and has time to find a lawyer and prepare a defense. Generally, the defendant should be served in person. However, when this isn't possible, service by mail is also acceptable in a few instances.
Await The Response: The defendant has a certain amount of time to respond to your lawsuit, once they confirm that they've been served in Beckley, West Virginia. The defendant will probably respond with an answer to your complaint. An answer is a document in which the defendant admits or denies the specific factual allegations made by the plaintiff. Typically, the defendant will admit the allegations that are not seriously in dispute (for example, if the lawsuit concerns a car accident, they'll probably admit that an accident did, in fact, take place), but deny the more serious allegations (they'll probably deny that they were responsible for the accident). If the defendant fails to respond within a set period of time, they are in "default," and basically lose the case automatically.
How Can A Beckley, West Virginia Tort Lawyer Help?
This simple outline is meant to give you a general idea of what goes into filing a lawsuit in Beckley, West Virginia, but it is by no means a comprehensive guide.
Therefore, if you want to file a lawsuit against someone in Beckley, West Virginia, you should not hesitate to speak with an attorney, who will be able to advise you on the best way to proceed.