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General Litigation NC2021-06-16T21:32:03-04:00

General Litigation NC

If you need representation in a civil case, please contact us immediately.

What is general litigation?

General litigation is a term used to describe legal proceedings following a lawsuit between two parties. This process is used to enforce or defend a legal right through a court-supervised process. Many different types of civil cases can be handled with general litigation.

What is a civil summons, and how do I respond?

A civil summons is a notification once a lawsuit has been filed. If you’ve been served with a civil summons (and complaint) you have thirty (30) days from the date you were served to respond to the complaint. Failure to respond can mean that the plaintiff can seek a default judgment against you.

Default judgments are nearly impossible to escape, so don’t let that happen.  After you have been served, you can ask for an extension of time in which to respond to the complaint and it is likely that any attorney you retain will do the same.

Alternatively, if you’ve been wronged in some way and looking at recourse through the court system, you need to be mindful of the statute of limitations for the type of action you want to initiate.  For example, personal injury claims in North Carolina must be filed within three (3) years of the injury, professional malpractice as a two (2) year statute of limitations, and breach of contract is also three (3) years.

Here is a  Helpful Article outlining the statute of limitations to the most common causes of action.

The bottom line is that if you’re a defendant or considering starting a lawsuit, acting slowly could be detrimental to your case.  Being proactive is key!   If you’re thinking that you’re going to have to sue someone, get your ducks in a row.  Gather all relevant documents (contracts, emails, etc.).  Make sure you save all text messages, emails, and any other correspondences.  Also, in North Carolina it is legal to record conversations with people so long as one party to the conversation is aware of the recording.  This is known as the “one party consent” law.  See N.C. Gen. Stat. § 15A-287 Be mindful that you may be required to turn over such records through discovery requests so don’t say anything rude or worse.

Generally speaking, once a lawsuit is initiated, the opposing party has an opportunity to respond or answer the complaint, but they can also file motions to dismiss and/or file a counterclaim.  What follows a complaint is also a period of “discovery” in which the parties serve written discovery requests like interrogatories, requests for admission, and requests for production of documents.  Discovery could also include depositions of you, the opposing party, and/or other key witnesses.  Basically, each side gets an opportunity to gather as much evidence to satisfy their burden of evidence prior to trial.  Before any trial, most jurisdictions make mediation mandatory.  Mediation is great because it is the last time you have any control about the outcome of the case, but no one leaves mediation happy.  Let me say it louder for the folks in the back, NO ONE LEAVES MEDIATION HAPPY.  If a case settles through mediation it is because all parties gave up something they wanted.  If you opt to pursue a trial the outcome of your case will be up the judge/jury to decide your fate.

Why should I hire you?2021-06-16T21:06:51-04:00

Why should I hire you?

Because you’ve talked to me, talked to people who have worked with me, or after speaking to other attorneys you believe that we will work together best.

You should actually hire me because I care about law – I love it. I feel good when I am useful to people. And most importantly, I’ve worked for the Industrial Commission – which is like the workers’ compensation court system for the entire state!

If you found yourself in a criminal situation, would you want to pick an attorney off the street or someone who formerly worked as a judge, a public defender or prosecutor?

I’ve written decisions for the Deputy Commissioners (judges) and because of this, I know what evidence I need to present, as well as what we should ask for and what we should expect for your case. Plus, I’ve probably got the adjuster handling your claim on speed dial – or at least in my contacts list because I’ve worked with them before!

Why should I call you?2021-06-16T21:06:41-04:00

Why should I call you?

Because you’re curious or still have questions. Or maybe you have ideas on how I can make my website better? My posts are general responses to common problems or issues I’ve encountered in this area of law and are not meant to serve as legal advice for your case.
If you want spot-on advice or have specific questions, you need to pick up the phone or e-mail me. If I think you have a case or a legitimate claim/request, I will tell you and offer my services or refer you to an attorney who can help you if your issue is outside the scope of my experience, but I will not put any pressure on you to hire me.

If you have questions or your claim has been denied, please call me or another attorney experienced in Workers’ Compensation – you deserve our time and attention and one or two calls to find legal representation could save you and your family from a lot of hardship later.

Why are you answering all these questions?2021-06-16T21:09:35-04:00

Why are you answering all these questions?

I don’t want to intimidate potential clients or use fear tactics to generate business. The best clients are those that are educated, informed, and engaged. If you’re able to get what you need from my posts and are successful in your case, then rock-on with your bad self! Everyone shouldn’t need to hire an attorney as most Workers’ Compensation claims are straight forward and most don’t result in lost time from work or extensive medical treatment.

I created this website to empower people. Workers’ Compensation law and procedure is really confusing and hard to understand – I was an outsider once before too! If your case is denied or you are not getting the medical help you need, you probably need to retain an attorney. If you decide to contact me and even retain me, we will work as a team. Keeping you in the dark and ignorant of the law is not the way we will be successful.

QUESTIONS ABOUT A LEGAL ISSUE? ASK US.

contact laurie j. meilleur pllc

While we endeavor to provide accurate information at this website and in the podcasts and blogs, we cannot guarantee that the information provided here (or linked from this site) is up to date, accurate, complete, or adequate for your needs. We provide general legal information on an ‘as-is’ basis.

We make no warranties and disclaim liability for damages resulting from its use. Legal advice must be tailored to the specific circumstances in your case, and laws are constantly changing, so nothing provided at this site should be used as a substitute for the advice of competent counsel.

General Litigation
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NC General litigation includes legal proceedings following a lawsuit between two parties to defend or enforce a legal right. Get representation now.

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Currency: USD

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