Litigation Lawyers in Davenport

If you live in , Iowa, 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 hire a reputable attorney from Davenport, Iowa before you proceed.

The Davenport, Iowa attorney you end up hiring 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 Davenport, Iowa

Consultation with your attorney: You should always speak with a Davenport, Iowa lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Davenport, Iowa. Your lawyer will have critical 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: Once you determine that pursuing a lawsuit in Davenport, Iowa 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 usually asks the court for particular relief, should it rule in the plaintiff's favor.

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 certain period of time. This is necessary under the law of Davenport, Iowa 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 Defendant's Response: In Davenport, Iowa, the law gives civil defendants a fairly long period of time (a month or two usually) to respond to a lawsuit against them. The most common response is either an answer (where they address the factual allegations against them, usually denying most or all of the allegations) or a motion to dismiss (where the contend that, even if everything alleged in the complaint is true, those facts would not establish liability). If the defendant does nothing, and fails to respond, they run the risk of having a default judgment entered against them. This usually means that the court automatically rules against them, treating the plaintiff as if they won the lawsuit. This gives the plaintiff a judgment against the defendant, which they can seek to collect using all legal means.

How Can A Davenport, Iowa Tort Lawyer Help?

The basic outline above does not come close to covering all the specifics involved in filing a lawsuit in Davenport, Iowa.

Therefore, it's always a good idea to talk with a Davenport, Iowa litigation attorney if you are contemplating filing a lawsuit against a person or company.