Litigation Lawyers in Concord
If you live in , California, 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 you may want to file a lawsuit, you should not make this decision lightly, 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 knowledgeable Concord, California civil litigation attorney.
The Concord, California attorney you end up retaining will be able to advise you on whether you have a good case. If you do, they will also advise you on your best options on how to proceed. Your lawyer can also inform you about what their fees are, and if they have multiple payment options.
Steps for Filing a Lawsuit in Concord, California
Consultation With Your Attorney: Before filing any lawsuit in Concord, California, you should speak with a local attorney. Your Concord, California attorney will be able to advise you on the merits of your lawsuit, and your chances of success.
Drafting The Complaint: Once you decide that pursuing a lawsuit in Concord, California 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 process, 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 typically asks the court for specific relief, should it 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 Concord, California 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, usually through the use of a paid process server.
Await Defendant's Response: When you have served the defendant with the complaint in Concord, California, the defendant has time to respond. The most prevalent response is known as an "answer," in which they specifically address the factual allegations you've made against them, typically 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 given 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.
How Can A Concord, California Tort Lawyer Help?
Filing a lawsuit in a Concord, California court is a bit more intricate than the basic outline laid out above.
You should seek the advice of a knowledgeable litigation attorney if you are planning on filing a lawsuit against somebody who you think has wronged you in Concord, California.