Litigation Lawyers in Elmwood Park
If you are in Elmwood Park, New Jersey 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 think that filing a lawsuit is a good choice in seeking redress, you should not rush into this decision. A lawsuit is a time-consuming and costly process. You should not make a final decision without talking to an Elmwood Park, New Jersey attorney.
Your Elmwood Park, New Jersey civil litigation attorney will be able to advise you on whether or not you have a legitimate case, and, if so, your best avenues on how to proceed. The attorney will also discuss with you the fees for their services, and whether he or she can represent you on a contingency basis.
Steps for Filing a Lawsuit in Elmwood Park, New Jersey
Consultation with your attorney: Before you file a lawsuit in an Elmwood Park, New Jersey court, you need to meet and confer with a local lawyer. You lawyer in Elmwood Park, New Jersey can advise you on whether or not your lawsuit has merit, and how possible it is to prevail.
Drafting The Complaint: In Elmwood Park, New Jersey, 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 normally ask the court to provide specific relief, should it rule in the plaintiff's favor.
Serving the Defendant: When you have determined that you want to file a lawsuit in Elmwood Park, New Jersey, 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 certain 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 Elmwood Park, New Jersey, the defendant has time to respond. The most frequent response is known as an "answer," in which they particularly address the factual allegations you've made against them, normally 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 specific 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 Elmwood Park, New Jersey Tort Lawyer Help?
The basic outline above does not come close to covering all the specifics involved in filing a lawsuit in Elmwood Park, New Jersey.
Thus, it is essential that you consult a qualified civil litigation attorney before you file any type of lawsuit in Elmwood Park, New Jersey.