Litigation Lawyers in Wallington
If you are in Wallington, 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 Wallington, New Jersey attorney.
Your Wallington, 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 Wallington, New Jersey
Consultation with your attorney: Before you continue in any legal action in Wallington, New Jersey, you should speak with a reputable local attorney in Wallington, New Jersey. Your legal counsel can make sure you have the best possible chance of winning your case, and help you decide if you should file your lawsuit in the first place.
Drafting The Complaint: In Wallington, 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 usually ask the court to provide specific relief, should it rule in the plaintiff's favor.
Serving The Defendant: Once you and your attorney have written a good complaint, and filed it with the court, it needs to be served on the defendant within a certain period of time. This is necessary under the law of Wallington, New Jersey to ensure that the defendant actually knows that he's being sued, and has time to find a lawyer and prepare a defense. Generally, the defendant should be served in person. However, when this isn't possible, service by mail is also acceptable in a few instances.
Await Defendant's Response: In Wallington, New Jersey, the law gives civil defendants a fairly long period of time (a month or two usually) to respond to a lawsuit against them. The most common response is either an answer (where they address the factual allegations against them, usually denying most or all of the allegations) or a motion to dismiss (where the contend that, even if everything alleged in the complaint is true, those facts would not establish liability). If the defendant does nothing, and fails to respond, they run the risk of having a default judgment entered against them. This usually means that the court automatically rules against them, treating the plaintiff as if they won the lawsuit. This gives the plaintiff a judgment against the defendant, which they can seek to collect using all legal means.
How Can A Wallington, New Jersey Tort Lawyer Help?
Filing a lawsuit in a Wallington, New Jersey court is a bit more complicated than the basic outline laid out above.
Thus, it is imperative that you consult a qualified civil litigation attorney before you file any type of lawsuit in Wallington, New Jersey.