Litigation Lawyers in Byron
If you live in Byron, Minnesota 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 Byron, Minnesota before you proceed.
Once you retain a Byron, Minnesota litigation attorney, he or she will be able to advise you on your chances of succeeding in your lawsuit. Additionally, your lawyer can inform you on what a lawsuit is likely to cost, both in time and money. Obviously, your lawyer has some control over what it will cost you, based on their fees, and whether they bill an hourly rate, or charge on a contingency rate.
Steps for Filing a Lawsuit in Byron, Minnesota
Consultation With Your Attorney: Before filing any case in Byron, Minnesota, you should talk with a local attorney. Your Byron, Minnesota attorney will be able to advise you on the merits of your lawsuit, and your chances of success.
Drafting The Complaint: Once you determine that pursuing a lawsuit in Byron, Minnesota 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 and your attorney have written a good complaint, and filed it with the court, it needs to be served on the defendant within a particular period of time. This is necessary under the law of Byron, Minnesota 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.
Await Defendant's Response: In Byron, Minnesota, the law gives civil defendants a fairly long period of time (a month or two normally) to respond to a lawsuit against them. The most frequent response is either an answer (where they address the factual allegations against them, normally denying most or all of the allegations) or a motion to dismiss (where the contend that, even if everything alleged in the complaint is true, those facts would not establish liability). If the defendant does nothing, and fails to respond, they run the risk of having a default judgment entered against them. This normally means that the court automatically rules against them, treating the plaintiff as if they won the lawsuit. This gives the plaintiff a judgment against the defendant, which they can seek to collect using all legal means.
How Can A Byron, Minnesota Tort Lawyer Help?
Filing a lawsuit in a Byron, Minnesota court is a bit more complex than the basic outline laid out above.
Therefore, it's always a good idea to talk with a Byron, Minnesota litigation attorney if you are contemplating filing a lawsuit against a person or company.