Litigation Lawyers in St. Clair Shores
If you live in St. Clair Shores, Michigan 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 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 brilliant attorney from St. Clair Shores, Michigan before you proceed.
Your St. Clair Shores, Michigan 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 St. Clair Shores, Michigan
Consultation with your attorney: Before you proceed with any legal action in St. Clair Shores, Michigan, you should seek the advice and counsel of a brilliant St. Clair Shores, Michigan attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting The Complaint: In St. Clair Shores, Michigan, 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 normally 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 St. Clair Shores, Michigan, 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 certain 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: When you have served the defendant with the complaint in St. Clair Shores, Michigan, the defendant has time to respond. The most frequent response is known as an "answer," in which they specifically 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 St. Clair Shores, Michigan Tort Lawyer Help?
The basic outline above does not come close to covering all the details involved in filing a lawsuit in St. Clair Shores, Michigan.
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 St. Clair Shores, Michigan attorney.