Litigation Lawyers in River Grove

If you live in River Grove, 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 various things you need to consider, and the decision to sue someone should not be made without the counsel of a River Grove, Illinois civil litigation attorney.

Once you contact a River Grove, Illinois litigation attorney, he or she will be able to advise you on your chances of succeeding in your lawsuit. Moreover, 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 River Grove, Illinois

Consultation with your attorney: Before you continue in any legal action in River Grove, Illinois, you should speak with a knowledgeable local attorney in River Grove, 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 River Grove, Illinois court, you need to draft a complaint, with the help of your lawyer. A complaint is typically 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 typically gives the plaintiff a chance to re-submit the complaint, with the errors corrected.

Serving The Defendant: Once you have drafted your complaint, you need to serve the defendant with it, and file it with the court. River Grove, Illinois requires that lawsuits be served on defendants in a specific 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.

Await Defendant's Response: When you have served the defendant with the complaint in River Grove, Illinois, the defendant has time to respond. The most prevalent response is known as an "answer," in which they specifically address the factual allegations you've made against them, typically 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 given 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 River Grove, Illinois Tort Lawyer Help?

This simple outline is meant to give you a general idea of what goes into filing a lawsuit in River Grove, Illinois, but it is by no means a comprehensive guide.

You should seek the advice of a knowledgeable litigation attorney if you are planning on filing a lawsuit against somebody who you think has wronged you in River Grove, Illinois.