Litigation Lawyers in Fairmont

Residents of Fairmont, 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 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 Fairmont, West Virginia civil litigation attorney first.

Once you hire a Fairmont, 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 Fairmont, West Virginia

Consultation with your attorney: Before you proceed with any legal action in Fairmont, West Virginia, you should seek the advice and counsel of a reputable Fairmont, West Virginia attorney. He or she will be indispensable in helping you succeed in your lawsuit.

Drafting the complaint: In Fairmont, West Virginia, once you have decided to file a lawsuit, the initial thing you usually 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 usually 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 typically 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 have drafted your complaint, you need to serve the defendant with it, and file it with the court. Fairmont, West Virginia requires that lawsuits be served on defendants in a certain 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.

Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Fairmont, West Virginia, the defendant has time to respond. They usually do so by drafting an answer to the complaint, in which they deny the plaintiff's allegations, or assert a legal defense. If the defendant fails to respond within a set period of time, they will be in default, and you may be able to get a "default judgment" against them, in which all of your allegations against the defendant are viewed as if the defendant admitted them, and you only need to prove that you've suffered losses that warrant the damages you're asking for.

How Can A Fairmont, West Virginia Tort Lawyer Help?

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

You should seek the advice of a qualified litigation attorney if you are planning on filing a lawsuit against somebody who you think has wronged you in Fairmont, West Virginia.