Litigation Lawyers in Waipahu
If you live in , Hawaii, 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 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 brilliant attorney from Waipahu, Hawaii before you proceed.
The Waipahu, Hawaii attorney you end up contacting will be able to advise you on whether you have a good case. If you do, they will also 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 Waipahu, Hawaii
Consultation With Your Attorney: Before filing any lawsuit in Waipahu, Hawaii, you should speak with a local attorney. Your Waipahu, Hawaii attorney will be able to advise you on the merits of your lawsuit, and your chances of success.
Drafting The Complaint: Once you decide that pursuing a lawsuit in Waipahu, Hawaii 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 process, 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 specific 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. Waipahu, 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 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 Defendant's Response: When you have served the defendant with the complaint in Waipahu, Hawaii, the defendant has time to respond. The most frequent response is known as an "answer," in which they specifically 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 Waipahu, Hawaii Tort Lawyer Help?
This simple outline is meant to give you a general idea of what goes into filing a lawsuit in Waipahu, Hawaii, but it is by no means a comprehensive guide.
You should seek the advice of a reliable litigation attorney if you are planning on filing a lawsuit against somebody who you think has wronged you in Waipahu, Hawaii.