Litigation Lawyers in South Holland
If you live in South Holland, 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 South Holland, Illinois civil litigation attorney.
Once you have hired an attorney in South Holland, Illinois, he or she will be able to help you devise a strategy on how to proceed, which will hopefully maximize your chances of success in your lawsuit. Your lawyer can also give you a rough idea of how much the lawsuit is likely to cost, taking into account court fees, expert witness fees, and other costs.
Steps for Filing a Lawsuit in South Holland, Illinois
Consultation with your attorney: Before you file a lawsuit in a South Holland, Illinois court, you need to meet and confer with a local lawyer. You lawyer in South Holland, Illinois can advise you on whether or not your lawsuit has merit, and how likely it is to succeed.
Drafting The Complaint: In South Holland, Illinois, the first step to filing a lawsuit, once you've actually decided to do so (in consultation with your attorney), is writing a complaint. A complaint is simply a list of facts that you allege against the defendant. A court must look at these allegations and determine if they add up to a valid cause of action, assuming they're true. If they do not add up to a cause of action, the case may be dismissed. The complaint also usually ask the court to provide specific relief, should it rule in the plaintiff's favor.
Serving the Defendant: When you have decided that you want to file a lawsuit in South Holland, 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.
Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in South Holland, 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 South Holland, Illinois Tort Lawyer Help?
This simple outline is meant to give you a general idea of what goes into filing a lawsuit in South Holland, Illinois, but it is by no means a comprehensive guide.
Therefore, it is critical that you consult a qualified civil litigation attorney before you file any type of lawsuit in South Holland, Illinois.