Litigation Lawyers in Carmel

If you live in Carmel, Indiana and think that you might be the victim of a legal wrong, you may determine that it's worth suing over, to recover compensation from the individual who wronged you.

If you wish to file a lawsuit, there are several things you need to consider, and the decision to sue someone should not be made without the counsel of a Carmel, Indiana civil litigation attorney.

Once you have retained an attorney in Carmel, Indiana, 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 Carmel, Indiana

Consultation with your attorney: Before you continue in any legal action in Carmel, Indiana, you should speak with a reputable local attorney in Carmel, Indiana. Your legal counsel can make sure you have the best possible chance of winning your case, and help you decide if you should file your lawsuit in the first place.

Drafting The Complaint: In Carmel, Indiana, 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 generally 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 certain period of time. This is necessary under the law of Carmel, Indiana 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 Carmel, Indiana, 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 Carmel, Indiana Tort Lawyer Help?

Filing a lawsuit in a Carmel, Indiana court is a bit more complicated than the basic outline laid out above.

You should seek the advice of a qualified litigation attorney if you are planning on filing a lawsuit against somebody who you think has wronged you in Carmel, Indiana.