Litigation Lawyers in North Branch
If you live in North Branch, 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 North Branch, Minnesota before you proceed.
Once you have hired an attorney in North Branch, Minnesota, he or she will be able to help you devise a strategy on how to proceed, which will hopefully maximize your chances of success in your lawsuit. Your lawyer can also give you a rough idea of how much the lawsuit is likely to cost, taking into account court fees, expert witness fees, and other costs.
Steps for Filing a Lawsuit in North Branch, Minnesota
Consultation With Your Attorney: Before filing any lawsuit in North Branch, Minnesota, you should speak with a local attorney. Your North Branch, Minnesota attorney will be able to advise you on the merits of your lawsuit, and your chances of success.
Drafting the complaint: In North Branch, Minnesota, once you have decided to file a lawsuit, the first thing you normally 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 normally 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 usually 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: Once you have drafted your complaint, you need to serve the defendant with it, and file it with the court. North Branch, Minnesota 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.
Await Defendant's Response: In North Branch, 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 North Branch, Minnesota Tort Lawyer Help?
Filing a lawsuit in a North Branch, Minnesota court is a bit more complex than the basic outline laid out above.
Accordingly, it's always a good idea to speak with a North Branch, Minnesota litigation attorney if you are contemplating filing a lawsuit against a person or company.