Litigation Lawyers in Farmington

If you live in Farmington, Minnesota 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 Farmington, Minnesota before you proceed.

Once you retain a Farmington, 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 Farmington, Minnesota

Consultation with your attorney: Before you file a lawsuit in a Farmington, Minnesota court, you need to meet and confer with a local lawyer. You lawyer in Farmington, Minnesota can advise you on whether or not your lawsuit has merit, and how likely it is to succeed.

Drafting a Complaint: Once you have decided to go through with filing a lawsuit in a Farmington, Minnesota court, you need to draft a complaint, with the help of your lawyer. A complaint is normally the first step in actually filing a lawsuit. The complaint is the plaintiff's first opportunity to lay out the allegations against the defendant. If a complaint doesn't allege facts that add up to a valid lawsuit (that is, even if everything alleged in the complaint is true, the defendant has still not committed a legal wrong that the court can compensate), the case will have to be dismissed. When a case is dismissed for this reason, the court normally gives the plaintiff a chance to re-submit the complaint, with the errors corrected.

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. Farmington, Minnesota 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 the Response: The defendant in Farmington, Minnesota has an opportunity to respond to the allegations against them. They have many options in how they respond to a lawsuit. They can move to dismiss the case (arguing that, even if everything the complaint alleges is true, they would still not be liable for anything), or they can file with the court, and serve upon the plaintiff an answer. An answer is a point-by-point disposal of every allegation against the defendant. The defendant can admit the allegations, deny them, or claim that they do not have enough information to admit or deny them (which basically operates as a denial). Normally, the defendant will admit the inconsequential allegations, so they don't have to be litigated (if the lawsuit is about a car accident involving the plaintiff and defendant, they'll probably go ahead and admit that the accident took place), but deny any allegation that could establish liability, if true (they'll deny responsibility for the car accident, for example). If the defendant does not respond by the deadline, they will have a default judgment entered against them, and automatically lose the case.

How Can A Farmington, Minnesota Tort Lawyer Help?

This simple outline is meant to give you a general idea of what goes into filing a lawsuit in Farmington, Minnesota, but it is by no means a comprehensive guide.

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