Litigation Lawyers in St. Albans
Residents of St. Albans, 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 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 St. Albans, West Virginia civil litigation attorney first.
Once you have retained an attorney in St. Albans, West Virginia, he or she will be able to help you devise a strategy on how to proceed, which will hopefully maximize your chances of success in your lawsuit. Your lawyer can also provide you a rough idea of how much the lawsuit is likely to cost, taking into account court fees, expert witness fees, and other costs.
Steps for Filing a Lawsuit in St. Albans, West Virginia
Consultation With Your Attorney: Before filing any case in St. Albans, West Virginia, you should talk with a local attorney. Your St. Albans, 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 St. Albans, 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 usually asks the court for particular relief, should it rule in the plaintiff's favor.
Serving The Defendant: Once you and your attorney have written a good complaint, and filed it with the court, it needs to be served on the defendant within a certain period of time. This is necessary under the law of St. Albans, West Virginia to ensure that the defendant actually knows that he's being sued, and has time to find a lawyer and prepare a defense. Generally, the defendant should be served in person. However, when this isn't possible, service by mail is also acceptable in a few instances.
Await Defendant's Response: In St. Albans, West Virginia, the law gives civil defendants a fairly long period of time (a month or two usually) to respond to a lawsuit against them. The most common response is either an answer (where they address the factual allegations against them, usually 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 usually 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 St. Albans, West Virginia Tort Lawyer Help?
The basic outline above does not come close to covering all the specifics involved in filing a lawsuit in St. Albans, West Virginia.
Thus, it is imperative that you consult a qualified civil litigation attorney before you file any type of lawsuit in St. Albans, West Virginia.