Litigation Lawyers in Seaford
If you live in , Delaware, 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 filing a lawsuit is a good choice in seeking redress, you should not rush into this decision. A lawsuit is a time-consuming and costly process. You should not make a final decision without talking to a Seaford, Delaware attorney.
The Seaford, Delaware attorney you end up contacting 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 Seaford, Delaware
Consultation with your attorney: You should always speak with a Seaford, Delaware lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Seaford, Delaware. Your lawyer will have essential information and advise, helping you decide whether or not your chances of success in the lawsuit make it worth your while to proceed.
Drafting The Complaint: In Seaford, Delaware, the initial step in filing a lawsuit is drafting a complaint. The complaint is a document that lays out all of your allegations against the person you're suing. It typically provides necessary background information, details the injuries you suffered, and why the person you're suing is to blame for those injuries. It also usually contains a specific "prayer" (request) for relief - a brief statement telling the court what the plaintiff is asking of it, such as monetary damages, and injunction, or other relief.
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 particular period of time. This is necessary under the law of Seaford, Delaware 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 Seaford, Delaware has an chance to respond to the allegations against them. They have many 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). Normally, 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 Seaford, Delaware Tort Lawyer Help?
The basic outline above does not come close to covering all the specifics involved in filing a lawsuit in Seaford, Delaware.
If you have suffered a legal wrong in and decide to sue the person who you believed wronged you, you should talk with a qualified Seaford, Delaware attorney.