Litigation Lawyers in Weirton
Residents of Weirton, West Virginia who suffer legal wrongs are normally legally entitled to compensation for harm they incurred as a result. This compensation is normally 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 Weirton, West Virginia civil litigation attorney first.
Once you have retained an attorney in Weirton, 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 Weirton, West Virginia
Consultation with your attorney: You should always speak with a Weirton, West Virginia lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Weirton, West Virginia. Your lawyer will have critical information and advise, helping you decide whether or not your chances of success in the lawsuit make it worth your while to proceed.
Drafting The Complaint: In Weirton, West Virginia, the initial step in filing a lawsuit is drafting a complaint. The complaint is a document that lays out all of your allegations against the person you're suing. It typically provides necessary background information, details the injuries you suffered, and why the person you're suing is to blame for those injuries. It also usually contains a specific "prayer" (request) for relief - a brief statement telling the court what the plaintiff is asking of it, such as monetary damages, and injunction, or other relief.
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 particular period of time. This is necessary under the law of Weirton, 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 Weirton, West Virginia, the law gives civil defendants a fairly long period of time (a month or two normally) to respond to a lawsuit against them. The most frequent response is either an answer (where they address the factual allegations against them, normally 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 normally 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 Weirton, West Virginia Tort Lawyer Help?
Filing a lawsuit in a Weirton, West Virginia court is a bit more complex than the basic outline laid out above.
Thus, it is essential that you consult a qualified civil litigation attorney before you file any type of lawsuit in Weirton, West Virginia.