Litigation Lawyers in Walpole

If you live in Walpole, Massachusetts 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 filing a lawsuit is a good option in seeking redress, you should not rush into this decision. A lawsuit is a time-consuming and expensive process. You should not make a final decision without speaking to a Walpole, Massachusetts attorney.

Your Walpole, Massachusetts 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 Walpole, Massachusetts

Consultation with your attorney: Before you continue in any legal action in Walpole, Massachusetts, you should speak with a good local attorney in Walpole, Massachusetts. 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 Walpole, Massachusetts, 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: Once you and your attorney have written a good complaint, and filed it with the court, it needs to be served on the defendant within a certain period of time. This is required under the law of Walpole, Massachusetts to ensure that the defendant actually knows that he's being sued, and has time to find a lawyer and prepare a defense. Generally, the defendant should be served in person. However, when this isn't possible, service by mail is also acceptable in a few instances.

Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Walpole, Massachusetts, 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 Walpole, Massachusetts Tort Lawyer Help?

The basic outline above does not come close to covering all the details involved in filing a lawsuit in Walpole, Massachusetts.

Accordingly, it's always a good idea to speak with a Walpole, Massachusetts litigation attorney if you are contemplating filing a lawsuit against a person or company.