Litigation Lawyers in Montgomery
If you live in Montgomery, 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 Montgomery, Illinois civil litigation attorney.
Once you hire a Montgomery, 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 Montgomery, Illinois
Consultation with your attorney: Before you proceed with any legal action in Montgomery, Illinois, you should seek the advice and counsel of a good Montgomery, Illinois attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting The Complaint: Once you decide that pursuing a lawsuit in Montgomery, Illinois 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 usually 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. Montgomery, Illinois requires that lawsuits be served on defendants in a certain 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.
Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Montgomery, Illinois, the defendant has time to respond. They usually 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 prove that you've suffered losses that warrant the damages you're asking for.
How Can A Montgomery, Illinois Tort Lawyer Help?
This article gives you a basic picture of what is required to file a lawsuit in Montgomery, Illinois. However, it should not, under any circumstances, be read as a complete guide to the litigation process.
Accordingly, it's always a good idea to speak with a Montgomery, Illinois litigation attorney if you are contemplating filing a lawsuit against a person or company.