Filing a Lawsuit in Elmhurst, Illinois

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Litigation Lawyers in Elmhurst

If you live in , Illinois, 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 Elmhurst, Illinois before you proceed.

Once you have retained an attorney in Elmhurst, Illinois, 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 provide 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 Elmhurst, Illinois

Consultation with your attorney: You should always speak with an Elmhurst, Illinois lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Elmhurst, Illinois. 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 Elmhurst, Illinois, once you have decided to file a lawsuit, the initial thing you normally 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 normally 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 usually 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: When you have determined that you want to file a lawsuit in Elmhurst, Illinois, and have drafted the complaint, your next important step is to file the complaint with the court, and serve it on the defendant. The defendant must be given at least several weeks' notice that they're being sued, and as much time to review the complaint. This is a matter of general fairness and due process, and allows the defendant to hire a lawyer and get to work on a defense. The law requires that the defendant be served in a few certain ways. The initial choice is to give it to them in person. This has to be done by a person who does not have any direct involvement in the lawsuit. If that isn't possible, the defendant can be served by giving the complaint to another adult member of their household; this is called substituted service.

Await Defendant's Response: In Elmhurst, Illinois, the law gives civil defendants a fairly long period of time (a month or two normally) to respond to a lawsuit against them. The most frequent response is either an answer (where they address the factual allegations against them, normally 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 normally 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 Elmhurst, Illinois Tort Lawyer Help?

As you can see, it can be a complex and difficult process to file a lawsuit in Elmhurst, Illinois, and it is, in fact, much more complex than the basic outline you just read.

Thus, it is critical that you consult a qualified civil litigation attorney before you file any type of lawsuit in Elmhurst, Illinois.

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Life in Elmhurst

Elmhurst is a suburb of Chicago, located in Cook and DuPage Counties of Illinois. The suburb has a population of around 46,000.

If one is thinking that a suburb cannot have attractions to visit, that's wrong! Elmhurst has a lot of great attractions. Such attractions include the York Theater, the Wilder Park Conservatory, Elmhurst Park District, the Elmhurst Historical Museum, the Elmhurst Art Museum, the Lizzadro Museum of Lapidary Art, and Elmhurst City Centre.

With Chicago nearby, Elmhurst residents have a strong legal force to tend to their legal needs. Chicago is filled with law firms of all sizes that train excellent attorneys.

Some notable residents of Elmhurst include Al Weis, Larry Stefanki, Rachel Melvin, Jim Ryan, Jeff Hornacek, Mark Wilson, John Witt, and John Grochowski.

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