Litigation Lawyers in West St. Paul
If you live in West St. Paul, 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 contact a reliable attorney from West St. Paul, Minnesota before you proceed.
Once you have retained an attorney in West St. Paul, 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 provide 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 West St. Paul, Minnesota
Consultation with your attorney: Before you file a lawsuit in a West St. Paul, Minnesota court, you need to meet and confer with a local lawyer. You lawyer in West St. Paul, Minnesota can advise you on whether or not your lawsuit has merit, and how possible it is to prevail.
Drafting The Complaint: In West St. Paul, Minnesota, the initial step to filing a lawsuit, once you've actually decided to do so (in consultation with your attorney), is writing a complaint. A complaint is simply a list of facts that you allege against the defendant. A court must look at these allegations and decide if they add up to a legitimate cause of action, assuming they're true. If they do not add up to a cause of action, the case may be dismissed. The complaint also typically ask the court to provide specific relief, should it rule in the plaintiff's favor.
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. West St. Paul, Minnesota has particular 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 Defendant's Response: When you have served the defendant with the complaint in West St. Paul, Minnesota, the defendant has time to respond. The most prevalent response is known as an "answer," in which they particularly address the factual allegations you've made against them, typically by denying most of the allegations. They might also move to dismiss the case if they can argue that the complaint is legally flawed. A judge then has to rule on this motion. If the defendant doesn't respond within a given period of time, they are said to have "defaulted." This allows the court to enter a default judgment, in which the plaintiff essentially automatically wins the lawsuit. Once this happens, the defendant, if they're ever located, can be served with the judgment, and will have very little power to challenge the merits of your case.
How Can A West St. Paul, Minnesota Tort Lawyer Help?
This article gives you a general picture of what is necessary to file a lawsuit in West St. Paul, Minnesota. However, it should not, under any circumstances, be read as a complete guide to the litigation process.
Thus, if you want to file a lawsuit against someone in West St. Paul, Minnesota, you should not delay to talk with an attorney, who will be able to advise you on the best way to proceed.