Litigation Lawyers in Willoughby
If you are a resident of Willoughby, Ohio and believe that somebody has committed a legal wrong against you, and have determined that the effort and expense involved in seeking payment is worth it, you may consider filing a lawsuit.
If you wish to file a lawsuit, there are many things you need to consider, and the decision to sue someone should not be made without the counsel of a Willoughby, Ohio civil litigation attorney.
The Willoughby, Ohio attorney you end up contacting will be able to advise you on whether you have a good case. If you do, they will further advise you on your best options on how to proceed. Your lawyer can also inform you about what their fees are, and if they have multiple payment options.
Steps for Filing a Lawsuit in Willoughby, Ohio
Consultation with your attorney: Before you proceed with any legal action in Willoughby, Ohio, you should seek the advice and counsel of a seasoned Willoughby, Ohio attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting The Complaint: In Willoughby, Ohio, the initial step in filing a lawsuit is drafting a complaint. The complaint is a document that lays out all of your allegations against the person you're suing. It typically provides necessary background information, details the injuries you suffered, and why the person you're suing is to blame for those injuries. It also usually contains a specific "prayer" (request) for relief - a brief statement telling the court what the plaintiff is asking of it, such as monetary damages, and injunction, or other relief.
Serving The Defendant: Once you have drafted your complaint, you need to serve the defendant with it, and file it with the court. Willoughby, Ohio requires that lawsuits be served on defendants in a particular way. This is to ensure that the defendant has a good deal of notice that they're being sued, giving them time to find an attorney, and work on how they're going to defend themselves. It is highly preferred to serve defendants in person (with a disinterested third party delivering the papers to the defendant). Occasionally, however, the defendant cannot be found, or is trying to avoid service, they can be served by mail with court approval.
Await the Response: The defendant in Willoughby, Ohio has an chance to respond to the allegations against them. They have many options in how they respond to a lawsuit. They can move to dismiss the case (arguing that, even if everything the complaint alleges is true, they would still not be liable for anything), or they can file with the court, and serve upon the plaintiff an answer. An answer is a point-by-point disposal of every allegation against the defendant. The defendant can admit the allegations, deny them, or claim that they do not have enough information to admit or deny them (which essentially operates as a denial). Normally, the defendant will admit the inconsequential allegations, so they don't have to be litigated (if the lawsuit is about a car accident involving the plaintiff and defendant, they'll probably go ahead and admit that the accident took place), but deny any allegation that could establish liability, if true (they'll deny responsibility for the car accident, for example). If the defendant does not respond by the deadline, they will have a default judgment entered against them, and automatically lose the case.
How Can A Willoughby, Ohio Tort Lawyer Help?
This simple outline is meant to give you a basic idea of what goes into filing a lawsuit in Willoughby, Ohio, but it is by no means a comprehensive guide.
Therefore, it's always a good idea to talk with a Willoughby, Ohio litigation attorney if you are contemplating filing a lawsuit against a person or company.