Litigation Lawyers in Huron

If you are a resident of Huron, South Dakota and believe that somebody has committed a legal wrong against you, and have determined that the effort and expense involved in seeking payment is worth it, you may consider filing a lawsuit.

If you think that you may want to file a lawsuit, you should not make this decision easily, and there are a lot of factors that need to be taken into account. Obviously, you should never go into a lawsuit without at least consulting a reliable Huron, South Dakota civil litigation attorney.

Your Huron, South Dakota civil litigation attorney will be able to advise you on whether or not you have a legitimate case, and, if so, your best avenues on how to proceed. The attorney will also discuss with you the fees for their services, and whether he or she can represent you on a contingency basis.

Steps for Filing a Lawsuit in Huron, South Dakota

Consultation with your attorney: Before you proceed with any legal action in Huron, South Dakota, you should seek the advice and counsel of a seasoned Huron, South Dakota attorney. He or she will be indispensable in helping you succeed in your lawsuit.

Drafting The Complaint: Once you determine that pursuing a lawsuit in Huron, South Dakota civil court is worth your time and effort, you need to file a complaint. The complaint can set the tone, and frame the issues, for the rest of the litigation procedure, which can drag on for months, or even years (and decades, in some cases). This is because the complaint lays out all the allegations against the defendant. It also normally asks the court for particular relief, should it rule in the plaintiff's favor.

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 Huron, South Dakota 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 Huron, South Dakota, 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 Huron, South Dakota Tort Lawyer Help?

This article gives you a general picture of what is necessary to file a lawsuit in Huron, South Dakota. However, it should not, under any circumstances, be read as a complete guide to the litigation process.

Therefore, it's always a good idea to talk with a Huron, South Dakota litigation attorney if you are contemplating filing a lawsuit against a person or company.