Filing a Lawsuit in La Habra Heights, California

File a Lawsuit in La Habra Heights, CA

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If you live in , California, and believe that you have sustained some form of legal wrong, you may wish to file a lawsuit against the individual who allegedly wronged you.

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 knowledgeable La Habra Heights, California civil litigation attorney.

The La Habra Heights, California attorney you end up retaining will be able to advise you on whether you have a good case. If you do, they will further 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 La Habra Heights, California

Consultation with your attorney: Before you continue in any legal action in La Habra Heights, California, you should speak with a reliable local attorney in La Habra Heights, California. 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 La Habra Heights, California, the initial step to filing a lawsuit, once you've actually decided to do so (in consultation with your attorney), is writing a complaint. A complaint is simply a list of facts that you allege against the defendant. A court must look at these allegations and decide if they add up to a legitimate cause of action, assuming they're true. If they do not add up to a cause of action, the case may be dismissed. The complaint also typically ask the court to provide specific 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 specific period of time. This is necessary under the law of La Habra Heights, California 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 the Response: The defendant in La Habra Heights, California has an chance to respond to the allegations against them. They have various 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 essentially operates as a denial). Typically, 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.

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How Can A La Habra Heights, California Tort Lawyer Help?

Filing a lawsuit in a La Habra Heights, California court is a bit more intricate than the basic outline laid out above.

If you have suffered a legal wrong in and decide to sue the person who you believed wronged you, you should speak with a qualified La Habra Heights, California attorney.

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