Litigation Lawyers in Buckhannon
Residents of Buckhannon, 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 numerous 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 Buckhannon, West Virginia civil litigation attorney first.
Once you hire a Buckhannon, 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 Buckhannon, West Virginia
Consultation With Your Attorney: Before filing any lawsuit in Buckhannon, West Virginia, you should speak with a local attorney. Your Buckhannon, 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 Buckhannon, 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: 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 Buckhannon, West Virginia requires that the defendant be given advance notice of the lawsuit as a matter of basic 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, generally through the use of a paid process server.
Await Defendant's Response: When you have served the defendant with the complaint in Buckhannon, West Virginia, the defendant has time to respond. The most common response is known as an "answer," in which they specifically address the factual allegations you've made against them, usually 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 certain 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 Buckhannon, West Virginia Tort Lawyer Help?
This article gives you a basic picture of what is required to file a lawsuit in Buckhannon, West Virginia. However, it should not, under any circumstances, be read as a complete guide to the litigation process.
If you have suffered a legal wrong in and decide to sue the person who you believed wronged you, you should consult with a qualified Buckhannon, West Virginia attorney.