Litigation Lawyers in San Luis Obispo
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 San Luis Obispo, California civil litigation attorney.
Once you have retained an attorney in San Luis Obispo, 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 Luis Obispo, California
Consultation with your attorney: Before you file a lawsuit in a San Luis Obispo, California court, you need to meet and confer with a local lawyer. You lawyer in San Luis Obispo, 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 Luis Obispo, 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 typically asks the court for particular relief, should it rule in the plaintiff's favor.
Serving The Defendant: Once you have drafted your complaint, you need to serve the defendant with it, and file it with the court. San Luis Obispo, California requires that lawsuits be served on defendants in a specific way. This is to ensure that the defendant has a good deal of notice that they're being sued, giving them time to find an attorney, and work on how they're going to defend themselves. It is highly preferred to serve defendants in person (with a disinterested third party delivering the papers to the defendant). Occasionally, however, the defendant cannot be found, or is trying to avoid service, they can be served by mail with court approval.
Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in San Luis Obispo, California, the defendant has time to respond. They typically do so by drafting an answer to the complaint, in which they deny the plaintiff's allegations, or assert a legal defense. If the defendant fails to respond within a set period of time, they will be in default, and you may be able to get a "default judgment" against them, in which all of your allegations against the defendant are viewed as if the defendant admitted them, and you only need to establish that you've suffered losses that warrant the damages you're asking for.
How Can A San Luis Obispo, California Tort Lawyer Help?
This simple outline is meant to give you a basic idea of what goes into filing a lawsuit in San Luis Obispo, California, but it is by no means a comprehensive guide.
Therefore, it's always a good idea to talk with a San Luis Obispo, California litigation attorney if you are contemplating filing a lawsuit against a person or company.