Litigation Lawyers in Eudora

If you live in Eudora, Kansas 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 think that you may want to file a lawsuit, you should not make this decision lightly, and there are a lot of factors that need to be taken into account. Obviously, you should never go into a lawsuit without at least consulting a knowledgeable Eudora, Kansas civil litigation attorney.

Your Eudora, Kansas civil litigation attorney will be able to advise you on whether or not you have a legitimate case, and, if so, your best options on how to proceed. The attorney will also discuss with you the fees for their services, and whether he or she can represent you on a contingency basis.

Steps for Filing a Lawsuit in Eudora, Kansas

Consultation with your attorney: Before you file a lawsuit in an Eudora, Kansas court, you need to meet and confer with a local lawyer. You lawyer in Eudora, Kansas can advise you on whether or not your lawsuit has merit, and how likely it is to succeed.

Drafting The Complaint: In Eudora, Kansas, 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 typically 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 Eudora, Kansas, 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 particular 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.

Await Defendant's Response: In Eudora, Kansas, the law gives civil defendants a fairly long period of time (a month or two typically) to respond to a lawsuit against them. The most prevalent response is either an answer (where they address the factual allegations against them, typically denying most or all of the allegations) or a motion to dismiss (where the contend that, even if everything alleged in the complaint is true, those facts would not establish liability). If the defendant does nothing, and fails to respond, they run the risk of having a default judgment entered against them. This typically means that the court automatically rules against them, treating the plaintiff as if they won the lawsuit. This gives the plaintiff a judgment against the defendant, which they can seek to collect using all legal means.

How Can A Eudora, Kansas Tort Lawyer Help?

Filing a lawsuit in an Eudora, Kansas court is a bit more intricate than the basic outline laid out above.

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 Eudora, Kansas.