Litigation Lawyers in Overland Park
If you live in Overland Park, Kansas 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 think that you may want to file a lawsuit, you should not make this decision easily, 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 qualified Overland Park, Kansas civil litigation attorney.
Your Overland Park, Kansas civil litigation attorney will be able to advise you on whether or not you have a legitimate case, and, if so, your best avenues 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 Overland Park, Kansas
Consultation with your attorney: Before you proceed with any legal action in Overland Park, Kansas, you should seek the advice and counsel of a reputable Overland Park, Kansas attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting The Complaint: Once you determine that pursuing a lawsuit in Overland Park, Kansas civil court is worth your time and effort, you need to file a complaint. The complaint can set the tone, and frame the issues, for the rest of the litigation procedure, which can drag on for months, or even years (and decades, in some cases). This is because the complaint lays out all the allegations against the defendant. It also usually asks the court for particular relief, should it 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. Overland Park, Kansas has specific 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 Defendant's Response: When you have served the defendant with the complaint in Overland Park, Kansas, the defendant has time to respond. The most common response is known as an "answer," in which they particularly address the factual allegations you've made against them, usually 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 certain 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 Overland Park, Kansas Tort Lawyer Help?
This simple outline is meant to give you a basic idea of what goes into filing a lawsuit in Overland Park, Kansas, but it is by no means a comprehensive guide.
Thus, if you want to file a lawsuit against someone in Overland Park, Kansas, you should not delay to talk with an attorney, who will be able to advise you on the best way to proceed.