Litigation Lawyers in Linwood

If you are in Linwood, New Jersey 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 think that filing a lawsuit is a good option in seeking redress, you should not rush into this decision. A lawsuit is a time-consuming and expensive process. You should not make a final decision without speaking to a Linwood, New Jersey attorney.

Your Linwood, 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 options 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 Linwood, New Jersey

Consultation with your attorney: Before you file a lawsuit in a Linwood, New Jersey court, you need to meet and confer with a local lawyer. You lawyer in Linwood, New Jersey can advise you on whether or not your lawsuit has merit, and how likely it is to succeed.

Drafting The Complaint: Once you decide that pursuing a lawsuit in Linwood, New Jersey 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 process, 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 specific 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 Linwood, New Jersey requires that the defendant be given advance notice of the lawsuit as a matter of basic 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, usually through the use of a paid process server.

Await Defendant's Response: When you have served the defendant with the complaint in Linwood, New Jersey, the defendant has time to respond. The most prevalent response is known as an "answer," in which they specifically address the factual allegations you've made against them, typically 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 given 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 Linwood, New Jersey Tort Lawyer Help?

This article gives you a basic picture of what is required to file a lawsuit in Linwood, New Jersey. However, it should not, under any circumstances, be read as a complete guide to the litigation process.

Therefore, if you want to file a lawsuit against someone in Linwood, New Jersey, you should not hesitate to speak with an attorney, who will be able to advise you on the best way to proceed.