Filing a Lawsuit in Wasilla, Alaska
If you live in
If you're contemplating filing a lawsuit, there are various things you need to consider, and it is not a decision to be made lightly. You should not file a lawsuit without seeking the advice of a Wasilla, Alaska civil litigation attorney first.
Once you retain a Wasilla, Alaska 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 Wasilla, Alaska
Consultation with your attorney: Before you proceed with any legal action in Wasilla, Alaska, you should seek the advice and counsel of a seasoned Wasilla, Alaska attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting The Complaint: In Wasilla, Alaska, 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 typically 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: When you have determined that you want to file a lawsuit in Wasilla, Alaska, and have drafted the complaint, your next important step is to file the complaint with the court, and serve it on the defendant. The defendant must be given at least several weeks' notice that they're being sued, and as much time to review the complaint. This is a matter of general fairness and due process, and allows the defendant to hire a lawyer and get to work on a defense. The law requires that the defendant be served in a few certain ways. The initial choice is to give it to them in person. This has to be done by a person who does not have any direct involvement in the lawsuit. If that isn't possible, the defendant can be served by giving the complaint to another adult member of their household; this is called substituted service.
Await Defendant's Response: When you have served the defendant with the complaint in Wasilla, Alaska, the defendant has time to respond. The most frequent response is known as an "answer," in which they particularly address the factual allegations you've made against them, normally by denying most of the allegations. They might also move to dismiss the case if they can argue that the complaint is legally flawed. A judge then has to rule on this motion. If the defendant doesn't respond within a specific period of time, they are said to have "defaulted." This allows the court to enter a default judgment, in which the plaintiff essentially automatically wins the lawsuit. Once this happens, the defendant, if they're ever located, can be served with the judgment, and will have very little power to challenge the merits of your case.
Find a Wasilla Lawyer that Specializes in Your Area of Need:
How Can A Wasilla, Alaska Tort Lawyer Help?
This simple outline is meant to give you a basic idea of what goes into filing a lawsuit in Wasilla, Alaska, but it is by no means a comprehensive guide.
Thus, if you want to file a lawsuit against someone in Wasilla, Alaska, you should not delay to talk with an attorney, who will be able to advise you on the best way to proceed.