Litigation Lawyers in Perryville
If you are in Perryville, Missouri and believe that some type of legal wrong has been committed against you, and decide 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 Perryville, Missouri civil litigation attorney.
The Perryville, Missouri attorney you end up hiring will be able to advise you on whether you have a good case. If you do, they will also 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 Perryville, Missouri
Consultation with your attorney: Before you continue in any legal action in Perryville, Missouri, you should speak with a good local attorney in Perryville, Missouri. Your legal counsel can make sure you have the best possible chance of winning your case, and help you decide if you should file your lawsuit in the first place.
Drafting The Complaint: In Perryville, Missouri, the first 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: Once you have drafted your complaint, you need to serve the defendant with it, and file it with the court. Perryville, Missouri requires that lawsuits be served on defendants in a certain 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 Perryville, Missouri, the law gives civil defendants a fairly long period of time (a month or two usually) to respond to a lawsuit against them. The most common response is either an answer (where they address the factual allegations against them, usually 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 usually 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 Perryville, Missouri Tort Lawyer Help?
As you can see, it can be a complicated and difficult process to file a lawsuit in Perryville, Missouri, and it is, in fact, much more complicated than the basic outline you just read.
Therefore, if you want to file a lawsuit against someone in Perryville, Missouri, you should not hesitate to speak with an attorney, who will be able to advise you on the best way to proceed.