Litigation Lawyers in Mahomet
If you live in Mahomet, 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 many things you need to consider, and the decision to sue someone should not be made without the counsel of a Mahomet, Illinois civil litigation attorney.
Once you retain a Mahomet, Illinois litigation attorney, he or she will be able to advise you on your chances of succeeding in your lawsuit. Additionally, 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 Mahomet, Illinois
Consultation with your attorney: Before you proceed with any legal action in Mahomet, Illinois, you should seek the advice and counsel of a brilliant Mahomet, Illinois attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting the complaint: In Mahomet, Illinois, once you have decided to file a lawsuit, the first 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 decided that you want to file a lawsuit in Mahomet, 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 certain 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.
Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Mahomet, Illinois, the defendant has time to respond. They normally do so by drafting an answer to the complaint, in which they deny the plaintiff's allegations, or assert a legal defense. If the defendant fails to respond within a set period of time, they will be in default, and you may be able to get a "default judgment" against them, in which all of your allegations against the defendant are treated as if the defendant admitted them, and you only need to show that you've suffered losses that warrant the damages you're asking for.
How Can A Mahomet, Illinois Tort Lawyer Help?
As you can see, it can be a complex and difficult process to file a lawsuit in Mahomet, Illinois, and it is, in fact, much more complex than the basic outline you just read.
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 Mahomet, Illinois attorney.