Litigation Lawyers in Palisades Park
If you are in Palisades Park, 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 Palisades Park, New Jersey attorney.
Your Palisades 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 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 Palisades Park, New Jersey
Consultation with your attorney: You should always speak with a Palisades Park, New Jersey lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Palisades Park, New Jersey. Your lawyer will have important 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 decide that pursuing a lawsuit in Palisades Park, 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: Once you, or your lawyer, have drafted a complaint, the defendant must be served with it, so they have notice that they're being sued, and are given time to prepare a defense. Palisades Park, New Jersey has particular rules governing how a complaint must be served, for the service to be valid. Personal service (having someone give the documents directly to the defendant) is preferred. However, some courts will also accept service by mail in limited circumstances, or service upon an adult member of the defendant's household.
Await Defendant's Response: When you have served the defendant with the complaint in Palisades Park, 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 Palisades Park, New Jersey Tort Lawyer Help?
This article gives you a basic picture of what is required to file a lawsuit in Palisades Park, New Jersey. However, it should not, under any circumstances, be read as a complete guide to the litigation process.
If you have suffered a legal wrong in and decide to sue the person who you believed wronged you, you should speak with a qualified Palisades Park, New Jersey attorney.