Filing a Lawsuit in Colorado, Arizona
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If you're considering filing a lawsuit, there are numerous 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 Colorado, Arizona civil litigation attorney first.
When you contact a civil litigation lawyer in Colorado, Arizona, they'll be able to give you some very useful advice, particularly in devising a strategy that maximizes your chances of winning your lawsuit. You'll probably also wonder how much this lawsuit is going to cost you, especially if you don't win. This largely depends on the attorney's fee structure. If the attorney charges an hourly rate, you will simply have to pay the lawyer for every hour they work. This can add up to a huge amount of money, very quickly. If they charge on a contingency basis, you do not have to pay any attorney's fees unless you win, and payment comes in the form of the percentage of the judgment. However, if you lose, you might still be responsible for costs, such as court fees, which are incurred no matter what happens to the case.
Steps for Filing a Lawsuit in Colorado, Arizona
Consultation with your attorney: You should always speak with a Colorado, Arizona lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Colorado, Arizona. Your lawyer will have crucial information and advise, helping you decide whether or not your chances of success in the lawsuit make it worth your while to proceed.
Drafting the complaint: In Colorado, Arizona, once you have decided to file a lawsuit, the first thing you normally have to do is draft a complaint. The complaint is a document that contains all of the allegations you're making against the defendant (the person whom you are suing). It normally must allege all of the facts necessary to constitute a cause of action, though in some systems, very few facts are strictly required to be alleged. It also usually has, at the end, a "prayer" (request) for relief. This final section tells the court what type of relief the plaintiff wants, should the court rule in the plaintiff's favor.
Serving The Defendant: After you draft your complaint, and file it with the court, you have to let the defendant know that they're being sued. The law of Colorado, Arizona requires that the defendant be given advance notice of the lawsuit as a matter of basic fairness: if you were being sued, you'd want to be given time to find a lawyer and prepare your defense strategy, right? So, with that in mind, the law prefers that defendants be served personally, typically through the use of a paid process server.
Await the Response: The defendant in Colorado, Arizona 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.
Find a Colorado Lawyer that Specializes in Your Area of Need:
How Can A Colorado, Arizona Tort Lawyer Help?
Filing a lawsuit in a Colorado, Arizona court is a bit more complex than the basic outline laid out above.
You should seek the advice of a reliable litigation attorney if you are planning on filing a lawsuit against somebody who you think has wronged you in Colorado, Arizona.