Litigation Lawyers in Berkeley

If you live in Berkeley, Missouri 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 Berkeley, Missouri before you proceed.

Once you have retained an attorney in Berkeley, Missouri, 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 Berkeley, Missouri

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

Drafting The Complaint: Once you determine that pursuing a lawsuit in Berkeley, Missouri 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 typically asks the court for particular relief, should it 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. Berkeley, Missouri requires that lawsuits be served on defendants in a specific 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 highly preferred to serve defendants in person (with a disinterested third party delivering the papers to the defendant). Occasionally, 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 Berkeley, Missouri, the law gives civil defendants a fairly long period of time (a month or two typically) to respond to a lawsuit against them. The most prevalent response is either an answer (where they address the factual allegations against them, typically 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 typically 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 Berkeley, Missouri Tort Lawyer Help?

As you can see, it can be an intricate and difficult process to file a lawsuit in Berkeley, Missouri, and it is, in fact, much more intricate than the basic outline you just read.

Thus, if you want to file a lawsuit against someone in Berkeley, Missouri, you should not delay to talk with an attorney, who will be able to advise you on the best way to proceed.