Litigation Lawyers in Pontiac
If you live in Pontiac, Illinois and think that you might be the victim of a legal wrong, you may determine that it's worth suing over, to recover compensation from the individual 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 Pontiac, Illinois civil litigation attorney.
Once you retain a Pontiac, 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 Pontiac, Illinois
Consultation with your attorney: Before you continue in any legal action in Pontiac, Illinois, you should speak with a seasoned local attorney in Pontiac, Illinois. Your legal counsel can make sure you have the best possible chance of winning your case, and help you decide if you should file your lawsuit in the first place.
Drafting a Complaint: Once you have decided to go through with filing a lawsuit in a Pontiac, Illinois court, you need to draft a complaint, with the help of your lawyer. A complaint is normally the initial 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 legitimate 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 normally gives the plaintiff a chance to re-submit the complaint, with the errors corrected.
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 particular period of time. This is necessary under the law of Pontiac, Illinois 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.
Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Pontiac, 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 viewed 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 Pontiac, Illinois Tort Lawyer Help?
The basic outline above does not come close to covering all the specifics involved in filing a lawsuit in Pontiac, Illinois.
Therefore, it's always a good idea to talk with a Pontiac, Illinois litigation attorney if you are contemplating filing a lawsuit against a person or company.