Litigation Lawyers in Jackson County
If you are in Jackson County, 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 Jackson County, Missouri civil litigation attorney.
The Jackson County, 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 Jackson County, Missouri
Consultation with your attorney: You should always speak with a Jackson County, Missouri lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Jackson County, 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: Once you determine that pursuing a lawsuit in Jackson County, 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 usually asks the court for particular relief, should it rule in the plaintiff's favor.
Serving The Defendant: After you draft your complaint, and file it with the court, you have to let the defendant know that they're being sued. The law of Jackson County, Missouri states that the defendant be given advance notice of the lawsuit as a matter of general fairness: if you were being sued, you'd want to be given time to find a lawyer and prepare your defense strategy, right? So, with that in mind, the law prefers that defendants be served personally, generally through the use of a paid process server.
Await Defendant's Response: When you have served the defendant with the complaint in Jackson County, 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 Jackson County, Missouri Tort Lawyer Help?
This article gives you a general picture of what is necessary to file a lawsuit in Jackson County, Missouri. However, it should not, under any circumstances, be read as a complete guide to the litigation process.
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 Jackson County, Missouri.