Litigation Lawyers in Dunbar
Residents of Dunbar, 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 Dunbar, West Virginia civil litigation attorney first.
Once you contact a Dunbar, 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 Dunbar, West Virginia
Consultation with your attorney: Before you proceed with any legal action in Dunbar, West Virginia, you should seek the advice and counsel of a reliable Dunbar, West Virginia attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting the complaint: In Dunbar, West Virginia, once you have decided to file a lawsuit, the initial thing you typically 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 typically 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 normally 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, or your lawyer, have drafted a complaint, the defendant must be served with it, so they have notice that they're being sued, and are given time to prepare a defense. Dunbar, West Virginia has particular rules governing how a complaint must be served, for the service to be valid. Personal service (having someone give the documents directly to the defendant) is preferred. However, some courts will also accept service by mail in limited circumstances, or service upon an adult member of the defendant's household.
Await The Response: The defendant has a given amount of time to respond to your lawsuit, once they confirm that they've been served in Dunbar, West Virginia. The defendant will likely 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. Normally, the defendant will admit the allegations that are not seriously in dispute (for instance, 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 predetermined period of time, they are in "default," and basically lose the case automatically.
How Can A Dunbar, West Virginia Tort Lawyer Help?
This simple outline is meant to give you a basic idea of what goes into filing a lawsuit in Dunbar, West Virginia, but it is by no means a comprehensive guide.
Thus, it is critical that you consult a qualified civil litigation attorney before you file any type of lawsuit in Dunbar, West Virginia.