Litigation Lawyers in Decatur
If you live in Decatur, Indiana 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 various things you need to consider, and the decision to sue someone should not be made without the counsel of a Decatur, Indiana civil litigation attorney.
Once you have retained an attorney in Decatur, Indiana, 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 provide 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 Decatur, Indiana
Consultation with your attorney: Before you continue in any legal action in Decatur, Indiana, you should speak with a reliable local attorney in Decatur, Indiana. 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 the complaint: In Decatur, Indiana, once you have decided to file a lawsuit, the initial thing you typically 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 typically 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 normally 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: Once you, or your lawyer, have drafted a complaint, the defendant must be served with it, so they have notice that they're being sued, and are given time to prepare a defense. Decatur, Indiana has particular rules governing how a complaint must be served, for the service to be valid. Personal service (having someone give the documents directly to the defendant) is preferred. However, some courts will also accept service by mail in limited circumstances, or service upon an adult member of the defendant's household.
Await The Response: The defendant has a given amount of time to respond to your lawsuit, once they confirm that they've been served in Decatur, Indiana. The defendant will likely respond with an answer to your complaint. An answer is a document in which the defendant admits or denies the specific factual allegations made by the plaintiff. Normally, the defendant will admit the allegations that are not seriously in dispute (for instance, if the lawsuit concerns a car accident, they'll probably admit that an accident did, in fact, take place), but deny the more serious allegations (they'll probably deny that they were responsible for the accident). If the defendant fails to respond within a predetermined period of time, they are in "default," and basically lose the case automatically.
How Can A Decatur, Indiana Tort Lawyer Help?
This simple outline is meant to give you a basic idea of what goes into filing a lawsuit in Decatur, Indiana, but it is by no means a comprehensive guide.
Thus, it is important that you consult a qualified civil litigation attorney before you file any type of lawsuit in Decatur, Indiana.