Litigation Lawyers in Utica
If you live in Utica, 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 Utica, Michigan before you proceed.
Your Utica, 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 Utica, Michigan
Consultation with your attorney: Before you proceed with any legal action in Utica, Michigan, you should seek the advice and counsel of a brilliant Utica, Michigan attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting The Complaint: Once you decide that pursuing a lawsuit in Utica, 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 process, 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 specific relief, should it rule in the plaintiff's favor.
Serving The Defendant: Once you have drafted your complaint, you need to serve the defendant with it, and file it with the court. Utica, Michigan requires that lawsuits be served on defendants in a particular 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 strongly preferred to serve defendants in person (with a disinterested third party delivering the papers to the defendant). Sometimes, however, the defendant cannot be found, or is trying to avoid service, they can be served by mail with court approval.
Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Utica, Michigan, the defendant has time to respond. They normally 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 show that you've suffered losses that warrant the damages you're asking for.
How Can A Utica, Michigan Tort Lawyer Help?
As you can see, it can be a complex and difficult process to file a lawsuit in Utica, Michigan, and it is, in fact, much more complex than the basic outline you just read.
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 Utica, Michigan attorney.