Litigation Lawyers in Madison
If you live in Madison, Indiana 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 Madison, Indiana civil litigation attorney.
When you retain a civil litigation lawyer in Madison, Indiana, they'll be able to give you some very useful advice, particularly in devising a strategy that maximizes your chances of winning your lawsuit. You'll probably also wonder how much this lawsuit is going to cost you, especially if you don't win. This largely depends on the attorney's fee structure. If the attorney charges an hourly rate, you will simply have to pay the lawyer for every hour they work. This can add up to a huge amount of money, very quickly. If they charge on a contingency basis, you do not have to pay any attorney's fees unless you win, and payment comes in the form of the percentage of the judgment. However, if you lose, you might still be responsible for costs, such as court fees, which are incurred no matter what happens to the case.
Steps for Filing a Lawsuit in Madison, Indiana
Consultation with your attorney: Before you file a lawsuit in a Madison, Indiana court, you need to meet and confer with a local lawyer. You lawyer in Madison, Indiana can advise you on whether or not your lawsuit has merit, and how likely it is to succeed.
Drafting The Complaint: In Madison, Indiana, 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 Madison, Indiana, 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 Madison, Indiana, 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 Madison, Indiana Tort Lawyer Help?
As you can see, it can be a complicated and difficult process to file a lawsuit in Madison, Indiana, and it is, in fact, much more complicated than the basic outline you just read.
If you have suffered a legal wrong in and decide to sue the person who you believed wronged you, you should consult with a qualified Madison, Indiana attorney.