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Unlike criminal cases filed by federal or state courts, civil complaints are filed by private citizens. A civil complaint is a request filed by a plaintiff that details their need for legal action and judicial intervention to resolve the matter.
Scores of civil complaints are filed in Columbia, South Carolina, each year. However, many of them end up being dismissed or thrown out by the courts. In many instances, civil complaints are deemed “frivolous lawsuits” by the courts due to failure to follow proper legal procedures, inconsistent claims, or unsubstantiated allegations.
To avoid having your civil complaint thrown out of court, it is always best to hire an experienced attorney who can help ensure that all legal standards are adhered to and assist with filing all necessary paperwork
If you are considering filing a civil lawsuit, contact our law office and ask to schedule a free initial consultation to learn how we can help.
What Are the Basic Steps to Filing a Lawsuit?
To ensure you save time and money, several steps must be followed when filing a South Carolina lawsuit. These basic steps include:
- Make sure you have legal standing to file the civil complaint: For example, a plaintiff must be at least 18 years old and mentally competent to file a lawsuit.
- Determine if the defendant has caused you to suffer damages: A complaint must have enough information for the court to believe the defendant should face legal action.
- Decide what court to file your lawsuit: In South Carolina, most personal injury lawsuits are filed in circuit court. However, plaintiffs may choose to file their lawsuit in small claims court if the amount of damages does not exceed $7,500. However, if the lawsuit involves a violation of federal law, you may file the complaint in federal court.
- File the complaint: File a complaint with the appropriate court and pay the mandatory filing fee.
- Serve the complaint: The defendant must be served a copy of the complaint and summons.
A complaint is a legal document that provides the court with facts providing legal justification for filing a lawsuit. A summons is the legal paperwork that advises the defendant they are being sued and provides instructions on responding to the complaint.
Do I Have to Hire a Lawyer to Help Me File A Lawsuit in South Carolina?
Although South Carolina law does not stipulate that you must hire a lawyer to help you file a lawsuit, it is in your best interests to do so. The South Carolina legal process is complex and individuals filing lawsuits would do well to have qualified legal representation.
Some of the best reasons for hiring a lawyer to assist you with filing a civil complaint include:
- A lawyer has a working knowledge of the various legal and procedural processes.
- There are several phases that occur before a trial can begin including filing the complaint, the discovery phase, depositions, and mediation.
- A lawyer can handle all legal negotiations with the defendant and opposing counsel.
Nevertheless, probably most importantly, in personal injury cases, the plaintiff’s attorney pays the litigation costs. If the client wins their case, the attorney subtracts these costs from the client’s financial recovery. Without legal representation, the plaintiff would have to pay litigation costs independently which could run into costly fees.
Why Should I Consider Hiring Your Law Firm to Help Me With My Legal Needs?
If you are considering filing a civil complaint, it is to your advantage to hire an experienced civil litigation attorney who can assist you with your legal needs. Our law firm has extensive experience handling lawsuits and helping clients win favorable settlements.
One of the most significant benefits of hiring an attorney to help you with a lawsuit is they can provide the legal support you need while you focus on living your life.
Our legal team strives to ensure that our clients receive quality legal representation. When you choose us to represent you, we will handle filling out and filing all necessary legal paperwork, deal with the other party’s insurance company or legal representative, and if necessary, take your case to trial to ensure you receive justice and fair compensation.
Contact the Law Office of Joshua P. Golson, LLC of Columbia, South Carolina and ask to schedule a free case evaluation so that we may determine what legal strategies may be available.
