Litigation Lawyers in Bluefield

Residents of Bluefield, West 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're contemplating filing a lawsuit, there are various 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 Bluefield, West Virginia civil litigation attorney first.

Once you contact a Bluefield, West 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 Bluefield, West Virginia

Consultation With Your Attorney: Before filing any case in Bluefield, West Virginia, you should talk with a local attorney. Your Bluefield, 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 determine that pursuing a lawsuit in Bluefield, 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 procedure, 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 typically asks the court for particular relief, should it 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. Bluefield, West 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 highly preferred to serve defendants in person (with a disinterested third party delivering the papers to the defendant). Occasionally, however, the defendant cannot be found, or is trying to avoid service, they can be served by mail with court approval.

Await Defendant's Response: In Bluefield, West Virginia, the law gives civil defendants a fairly long period of time (a month or two typically) to respond to a lawsuit against them. The most prevalent response is either an answer (where they address the factual allegations against them, typically 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 typically 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 Bluefield, West Virginia Tort Lawyer Help?

This article gives you a general picture of what is necessary to file a lawsuit in Bluefield, West Virginia. However, it should not, under any circumstances, be read as a complete guide to the litigation process.

Thus, if you want to file a lawsuit against someone in Bluefield, West Virginia, you should not delay to talk with an attorney, who will be able to advise you on the best way to proceed.