Litigation Lawyers in Bridgeport
Residents of Bridgeport, 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 several 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 Bridgeport, West Virginia civil litigation attorney first.
Once you contact a Bridgeport, 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 Bridgeport, West Virginia
Consultation With Your Attorney: Before filing any case in Bridgeport, West Virginia, you should talk with a local attorney. Your Bridgeport, 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 Bridgeport, 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: After you draft your complaint, and file it with the court, you have to let the defendant know that they're being sued. The law of Bridgeport, West Virginia states that the defendant be given advance notice of the lawsuit as a matter of general fairness: if you were being sued, you'd want to be given time to find a lawyer and prepare your defense strategy, right? So, with that in mind, the law prefers that defendants be served personally, usually through the use of a paid process server.
Await Defendant's Response: When you have served the defendant with the complaint in Bridgeport, West Virginia, the defendant has time to respond. The most prevalent response is known as an "answer," in which they particularly address the factual allegations you've made against them, typically by denying most of the allegations. They might also move to dismiss the case if they can argue that the complaint is legally flawed. A judge then has to rule on this motion. If the defendant doesn't respond within a given period of time, they are said to have "defaulted." This allows the court to enter a default judgment, in which the plaintiff essentially automatically wins the lawsuit. Once this happens, the defendant, if they're ever located, can be served with the judgment, and will have very little power to challenge the merits of your case.
How Can A Bridgeport, West Virginia Tort Lawyer Help?
The basic outline above does not come close to covering all the specifics involved in filing a lawsuit in Bridgeport, West Virginia.
Thus, if you want to file a lawsuit against someone in Bridgeport, West Virginia, you should not delay to talk with an attorney, who will be able to advise you on the best way to proceed.