Litigation Lawyers in San Joaquin

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 reliable San Joaquin, California civil litigation attorney.

Once you have retained an attorney in San Joaquin, California, he or she will be able to help you devise a strategy on how to proceed, which will hopefully maximize your chances of success in your lawsuit. Your lawyer can also provide you a rough idea of how much the lawsuit is likely to cost, taking into account court fees, expert witness fees, and other costs.

Steps for Filing a Lawsuit in San Joaquin, California

Consultation with your attorney: Before you file a lawsuit in a San Joaquin, California court, you need to meet and confer with a local lawyer. You lawyer in San Joaquin, California can advise you on whether or not your lawsuit has merit, and how possible it is to prevail.

Drafting The Complaint: Once you determine that pursuing a lawsuit in San Joaquin, 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 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, or your lawyer, have drafted a complaint, the defendant must be served with it, so they have notice that they're being sued, and are given time to prepare a defense. San Joaquin, California has certain rules governing how a complaint must be served, for the service to be valid. Personal service (having someone give the documents directly to the defendant) is preferred. However, some courts will also accept service by mail in limited circumstances, or service upon an adult member of the defendant's household.

Await Defendant's Response: In San Joaquin, California, 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 San Joaquin, California Tort Lawyer Help?

The basic outline above does not come close to covering all the specifics involved in filing a lawsuit in San Joaquin, California.

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