Litigation Lawyers in Torrance
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 qualified Torrance, California civil litigation attorney.
Once you have hired an attorney in Torrance, 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 give 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 Torrance, California
Consultation with your attorney: Before you continue in any legal action in Torrance, California, you should speak with a good local attorney in Torrance, 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 Torrance, California, once you have decided to file a lawsuit, the first thing you usually 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 usually 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 typically 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: Once you have drafted your complaint, you need to serve the defendant with it, and file it with the court. Torrance, California requires that lawsuits be served on defendants in a certain 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 strongly preferred to serve defendants in person (with a disinterested third party delivering the papers to the defendant). Sometimes, however, the defendant cannot be found, or is trying to avoid service, they can be served by mail with court approval.
Await the Response: The defendant in Torrance, California has an opportunity to respond to the allegations against them. They have several 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). Usually, 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.
How Can A Torrance, California Tort Lawyer Help?
Filing a lawsuit in a Torrance, California court is a bit more complicated 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 consult with a qualified Torrance, California attorney.