Litigation Lawyers in Highwood
If you live in Highwood, Illinois and think that you might be the victim of a legal wrong, you may decide that it's worth suing over, to recover compensation from the person who wronged you.
If you wish to file a lawsuit, there are several things you need to consider, and the decision to sue someone should not be made without the counsel of a Highwood, Illinois civil litigation attorney.
Once you hire a Highwood, Illinois litigation attorney, he or she will be able to advise you on your chances of succeeding in your lawsuit. Furthermore, your lawyer can inform you on what a lawsuit is likely to cost, both in time and money. Obviously, your lawyer has some control over what it will cost you, based on their fees, and whether they bill an hourly rate, or charge on a contingency rate.
Steps for Filing a Lawsuit in Highwood, Illinois
Consultation with your attorney: Before you file a lawsuit in a Highwood, Illinois court, you need to meet and confer with a local lawyer. You lawyer in Highwood, Illinois can advise you on whether or not your lawsuit has merit, and how likely it is to succeed.
Drafting a Complaint: Once you have decided to go through with filing a lawsuit in a Highwood, Illinois court, you need to draft a complaint, with the help of your lawyer. A complaint is usually the first 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 valid 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 usually gives the plaintiff a chance to re-submit the complaint, with the errors corrected.
Serving the Defendant: When you have decided that you want to file a lawsuit in Highwood, Illinois, and have drafted the complaint, your next major 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 basic 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 specific ways. The first 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: When you have served the defendant with the complaint in Highwood, Illinois, the defendant has time to respond. The most common response is known as an "answer," in which they specifically address the factual allegations you've made against them, usually 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 certain 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 Highwood, Illinois Tort Lawyer Help?
The basic outline above does not come close to covering all the details involved in filing a lawsuit in Highwood, Illinois.
Therefore, if you want to file a lawsuit against someone in Highwood, Illinois, you should not hesitate to speak with an attorney, who will be able to advise you on the best way to proceed.