Litigation Lawyers in Millburn

If you are in Millburn, 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 a Millburn, New Jersey attorney.

Your Millburn, 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 Millburn, New Jersey

Consultation with your attorney: You should always speak with a Millburn, New Jersey lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Millburn, New Jersey. Your lawyer will have essential 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 Millburn, New Jersey, once you have decided to file a lawsuit, the initial thing you typically have to do is draft a complaint. The complaint is a document that contains all of the allegations you're making against the defendant (the person whom you are suing). It typically must allege all of the facts necessary to constitute a cause of action, though in some systems, very few facts are strictly required to be alleged. It also normally has, at the end, a "prayer" (request) for relief. This final section tells the court what type of relief the plaintiff wants, should the court rule in the plaintiff's favor.

Serving the Defendant: When you have determined that you want to file a lawsuit in Millburn, 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 particular 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.

Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Millburn, New Jersey, the defendant has time to respond. They typically do so by drafting an answer to the complaint, in which they deny the plaintiff's allegations, or assert a legal defense. If the defendant fails to respond within a set period of time, they will be in default, and you may be able to get a "default judgment" against them, in which all of your allegations against the defendant are viewed as if the defendant admitted them, and you only need to establish that you've suffered losses that warrant the damages you're asking for.

How Can A Millburn, New Jersey Tort Lawyer Help?

As you can see, it can be an intricate and difficult process to file a lawsuit in Millburn, New Jersey, and it is, in fact, much more intricate than the basic outline you just read.

You should seek the advice of a knowledgeable litigation attorney if you are planning on filing a lawsuit against somebody who you think has wronged you in Millburn, New Jersey.