Litigation Lawyers in Oviedo

If you live in , Florida, and believe that you have suffered some type of legal wrong, you may wish to file a lawsuit against the person who allegedly wronged you.

If you think that filing a lawsuit is a good option in seeking redress, you should not rush into this decision. A lawsuit is a time-consuming and expensive process. You should not make a final decision without speaking to an Oviedo, Florida attorney.

Once you retain an Oviedo, Florida litigation attorney, he or she will be able to advise you on your chances of succeeding in your lawsuit. Additionally, 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 Oviedo, Florida

Consultation with your attorney: Before you file a lawsuit in an Oviedo, Florida court, you need to meet and confer with a local lawyer. You lawyer in Oviedo, Florida can advise you on whether or not your lawsuit has merit, and how likely it is to succeed.

Drafting a Complaint: Once you have decided to go through with filing a lawsuit in an Oviedo, Florida court, you need to draft a complaint, with the help of your lawyer. A complaint is normally the first step in actually filing a lawsuit. The complaint is the plaintiff's first opportunity to lay out the allegations against the defendant. If a complaint doesn't allege facts that add up to a valid lawsuit (that is, even if everything alleged in the complaint is true, the defendant has still not committed a legal wrong that the court can compensate), the case will have to be dismissed. When a case is dismissed for this reason, the court normally gives the plaintiff a chance to re-submit the complaint, with the errors corrected.

Serving The Defendant: Once you, or your lawyer, have drafted a complaint, the defendant must be served with it, so they have notice that they're being sued, and are given time to prepare a defense. Oviedo, Florida has certain rules governing how a complaint must be served, for the service to be valid. Personal service (having someone give the documents directly to the defendant) is preferred. However, some courts will also accept service by mail in limited circumstances, or service upon an adult member of the defendant's household.

Await the Response: The defendant in Oviedo, Florida has an opportunity to respond to the allegations against them. They have many options in how they respond to a lawsuit. They can move to dismiss the case (arguing that, even if everything the complaint alleges is true, they would still not be liable for anything), or they can file with the court, and serve upon the plaintiff an answer. An answer is a point-by-point disposal of every allegation against the defendant. The defendant can admit the allegations, deny them, or claim that they do not have enough information to admit or deny them (which basically operates as a denial). Normally, the defendant will admit the inconsequential allegations, so they don't have to be litigated (if the lawsuit is about a car accident involving the plaintiff and defendant, they'll probably go ahead and admit that the accident took place), but deny any allegation that could establish liability, if true (they'll deny responsibility for the car accident, for example). If the defendant does not respond by the deadline, they will have a default judgment entered against them, and automatically lose the case.

How Can A Oviedo, Florida Tort Lawyer Help?

This simple outline is meant to give you a general idea of what goes into filing a lawsuit in Oviedo, Florida, but it is by no means a comprehensive guide.

Therefore, if you want to file a lawsuit against someone in Oviedo, Florida, you should not hesitate to speak with an attorney, who will be able to advise you on the best way to proceed.