Litigation Lawyers in Florissant
If you are in Florissant, Missouri and believe that some form of legal wrong has been committed against you, and determine that seeking legal redress will be worth the time and expense involved, you may wish to file a lawsuit.
If you wish to file a lawsuit, there are several things you need to consider, and the decision to sue someone should not be made without the counsel of a Florissant, Missouri civil litigation attorney.
The Florissant, Missouri attorney you end up hiring will be able to advise you on whether you have a good case. If you do, they will further advise you on your best options on how to proceed. Your lawyer can also inform you about what their fees are, and if they have multiple payment options.
Steps for Filing a Lawsuit in Florissant, Missouri
Consultation with your attorney: You should always speak with a Florissant, Missouri lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Florissant, Missouri. Your lawyer will have critical information and advise, helping you decide whether or not your chances of success in the lawsuit make it worth your while to proceed.
Drafting The Complaint: In Florissant, Missouri, the initial step in filing a lawsuit is drafting a complaint. The complaint is a document that lays out all of your allegations against the person you're suing. It generally provides necessary background information, details the injuries you suffered, and why the person you're suing is to blame for those injuries. It also usually contains a specific "prayer" (request) for relief - a brief statement telling the court what the plaintiff is asking of it, such as monetary damages, and injunction, or other relief.
Serving the Defendant: When you have determined that you want to file a lawsuit in Florissant, Missouri, 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 Defendant's Response: When you have served the defendant with the complaint in Florissant, Missouri, the defendant has time to respond. The most common response is known as an "answer," in which they particularly address the factual allegations you've made against them, usually 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 certain 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 Florissant, Missouri Tort Lawyer Help?
This simple outline is meant to give you a basic idea of what goes into filing a lawsuit in Florissant, Missouri, but it is by no means a comprehensive guide.
You should seek the advice of a qualified litigation attorney if you are planning on filing a lawsuit against somebody who you think has wronged you in Florissant, Missouri.