Litigation Lawyers in Kapaa

If you live in , Hawaii, 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 are contemplating filing a lawsuit, you should know that there are many factors that need to be considered before doing so. You should definitely retain a seasoned attorney from Kapaa, Hawaii before you proceed.

The Kapaa, Hawaii 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 Kapaa, Hawaii

Consultation With Your Attorney: Before filing any case in Kapaa, Hawaii, you should talk with a local attorney. Your Kapaa, Hawaii attorney will be able to advise you on the merits of your lawsuit, and your chances of success.

Drafting a Complaint: Once you have decided to go through with filing a lawsuit in a Kapaa, Hawaii court, you need to draft a complaint, with the help of your lawyer. A complaint is normally the initial step in actually filing a lawsuit. The complaint is the plaintiff's first opportunity to lay out the allegations against the defendant. If a complaint doesn't allege facts that add up to a legitimate lawsuit (that is, even if everything alleged in the complaint is true, the defendant has still not committed a legal wrong that the court can compensate), the case will have to be dismissed. When a case is dismissed for this reason, the court normally gives the plaintiff a chance to re-submit the complaint, with the errors corrected.

Serving The Defendant: Once you have drafted your complaint, you need to serve the defendant with it, and file it with the court. Kapaa, Hawaii requires that lawsuits be served on defendants in a particular 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.

Await Defendant's Response: When you have served the defendant with the complaint in Kapaa, Hawaii, the defendant has time to respond. The most frequent response is known as an "answer," in which they particularly address the factual allegations you've made against them, normally by denying most of the allegations. They might also move to dismiss the case if they can argue that the complaint is legally flawed. A judge then has to rule on this motion. If the defendant doesn't respond within a specific period of time, they are said to have "defaulted." This allows the court to enter a default judgment, in which the plaintiff essentially automatically wins the lawsuit. Once this happens, the defendant, if they're ever located, can be served with the judgment, and will have very little power to challenge the merits of your case.

How Can A Kapaa, Hawaii Tort Lawyer Help?

Filing a lawsuit in a Kapaa, Hawaii court is a bit more complex 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 talk with a qualified Kapaa, Hawaii attorney.