Litigation Lawyers in Prospect Park

If you are in Prospect 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 Prospect Park, New Jersey attorney.

Your Prospect 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 Prospect Park, New Jersey

Consultation with your attorney: You should always speak with a Prospect Park, New Jersey lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Prospect Park, New Jersey. Your lawyer will have crucial 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 Prospect 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 normally 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 Prospect Park, 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, typically through the use of a paid process server.

Await Defendant's Response: When you have served the defendant with the complaint in Prospect Park, New Jersey, the defendant has time to respond. The most frequent response is known as an "answer," in which they specifically 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 Prospect Park, New Jersey Tort Lawyer Help?

The basic outline above does not come close to covering all the details involved in filing a lawsuit in Prospect Park, New Jersey.

If you have suffered a legal wrong in and decide to sue the person who you believed wronged you, you should talk with a qualified Prospect Park, New Jersey attorney.