Litigation Lawyers in Maplewood
If you live in Maplewood, 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 hire a reputable attorney from Maplewood, Minnesota before you proceed.
Once you hire a Maplewood, Minnesota litigation attorney, he or she will be able to advise you on your chances of succeeding in your lawsuit. Furthermore, 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 Maplewood, Minnesota
Consultation with your attorney: Before you proceed with any legal action in Maplewood, Minnesota, you should seek the advice and counsel of a reputable Maplewood, Minnesota attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting the complaint: In Maplewood, Minnesota, once you have decided to file a lawsuit, the initial thing you usually have to do is draft a complaint. The complaint is a document that contains all of the allegations you're making against the defendant (the person whom you are suing). It usually must allege all of the facts necessary to constitute a cause of action, though in some systems, very few facts are strictly required to be alleged. It also typically has, at the end, a "prayer" (request) for relief. This final section tells the court what type of relief the plaintiff wants, should the court rule in the plaintiff's favor.
Serving the Defendant: When you have determined that you want to file a lawsuit in Maplewood, Minnesota, and have drafted the complaint, your next important 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 general 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 specific ways. The initial 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 The Response: The defendant has a certain amount of time to respond to your lawsuit, once they confirm that they've been served in Maplewood, Minnesota. The defendant will likely respond with an answer to your complaint. An answer is a document in which the defendant admits or denies the specific factual allegations made by the plaintiff. Typically, the defendant will admit the allegations that are not seriously in dispute (for instance, if the lawsuit concerns a car accident, they'll probably admit that an accident did, in fact, take place), but deny the more serious allegations (they'll probably deny that they were responsible for the accident). If the defendant fails to respond within a set period of time, they are in "default," and basically lose the case automatically.
How Can A Maplewood, Minnesota Tort Lawyer Help?
As you can see, it can be a complicated and difficult process to file a lawsuit in Maplewood, Minnesota, and it is, in fact, much more complicated than the basic outline you just read.
Thus, if you want to file a lawsuit against someone in Maplewood, Minnesota, you should not delay to talk with an attorney, who will be able to advise you on the best way to proceed.