Litigation Lawyers in Chelmsford
If you live in Chelmsford, Massachusetts 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 filing a lawsuit is a good choice in seeking redress, you should not rush into this decision. A lawsuit is a time-consuming and costly process. You should not make a final decision without talking to a Chelmsford, Massachusetts attorney.
Your Chelmsford, Massachusetts 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 Chelmsford, Massachusetts
Consultation with your attorney: Before you file a lawsuit in a Chelmsford, Massachusetts court, you need to meet and confer with a local lawyer. You lawyer in Chelmsford, Massachusetts can advise you on whether or not your lawsuit has merit, and how possible it is to prevail.
Drafting a Complaint: Once you have decided to go through with filing a lawsuit in a Chelmsford, Massachusetts court, you need to draft a complaint, with the help of your lawyer. A complaint is usually the initial step in actually filing a lawsuit. The complaint is the plaintiff's first opportunity to lay out the allegations against the defendant. If a complaint doesn't allege facts that add up to a legitimate lawsuit (that is, even if everything alleged in the complaint is true, the defendant has still not committed a legal wrong that the court can compensate), the case will have to be dismissed. When a case is dismissed for this reason, the court usually gives the plaintiff a chance to re-submit the complaint, with the errors corrected.
Serving The Defendant: Once you have drafted your complaint, you need to serve the defendant with it, and file it with the court. Chelmsford, Massachusetts requires that lawsuits be served on defendants in a certain way. This is to ensure that the defendant has a good deal of notice that they're being sued, giving them time to find an attorney, and work on how they're going to defend themselves. It is highly preferred to serve defendants in person (with a disinterested third party delivering the papers to the defendant). Occasionally, however, the defendant cannot be found, or is trying to avoid service, they can be served by mail with court approval.
Await the Response: The defendant in Chelmsford, Massachusetts has an chance to respond to the allegations against them. They have several options in how they respond to a lawsuit. They can move to dismiss the case (arguing that, even if everything the complaint alleges is true, they would still not be liable for anything), or they can file with the court, and serve upon the plaintiff an answer. An answer is a point-by-point disposal of every allegation against the defendant. The defendant can admit the allegations, deny them, or claim that they do not have enough information to admit or deny them (which essentially operates as a denial). Usually, the defendant will admit the inconsequential allegations, so they don't have to be litigated (if the lawsuit is about a car accident involving the plaintiff and defendant, they'll probably go ahead and admit that the accident took place), but deny any allegation that could establish liability, if true (they'll deny responsibility for the car accident, for example). If the defendant does not respond by the deadline, they will have a default judgment entered against them, and automatically lose the case.
How Can A Chelmsford, Massachusetts Tort Lawyer Help?
Filing a lawsuit in a Chelmsford, Massachusetts court is a bit more complicated than the basic outline laid out above.
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 Chelmsford, Massachusetts attorney.