Litigation Lawyers in Oak Park
If you live in Oak Park, Michigan 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 are contemplating filing a lawsuit, you should know that there are many factors that need to be considered before doing so. You should definitely retain a seasoned attorney from Oak Park, Michigan before you proceed.
Your Oak Park, Michigan 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 Oak Park, Michigan
Consultation with your attorney: You should always speak with an Oak Park, Michigan lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Oak Park, Michigan. Your lawyer will have essential information and advise, helping you decide whether or not your chances of success in the lawsuit make it worth your while to proceed.
Drafting The Complaint: Once you determine that pursuing a lawsuit in Oak Park, Michigan 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 normally 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. Oak Park, Michigan has certain 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 Oak Park, Michigan, the defendant has time to respond. The most frequent response is known as an "answer," in which they particularly address the factual allegations you've made against them, normally 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 specific 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 Oak Park, Michigan Tort Lawyer Help?
This article gives you a general picture of what is necessary to file a lawsuit in Oak Park, Michigan. However, it should not, under any circumstances, be read as a complete guide to the litigation process.
If you have suffered a legal wrong in and decide to sue the person who you believed wronged you, you should talk with a qualified Oak Park, Michigan attorney.