Litigation Lawyers in Bixby

If you are a resident of Bixby, Oklahoma and believe that somebody has committed a legal wrong against you, and have decided that the effort and expense involved in seeking compensation is worth it, you may consider filing a lawsuit.

If you wish to file a lawsuit, there are several things you need to consider, and the decision to sue someone should not be made without the counsel of a Bixby, Oklahoma civil litigation attorney.

The Bixby, Oklahoma attorney you end up hiring will be able to advise you on whether you have a good case. If you do, they will also 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 Bixby, Oklahoma

Consultation with your attorney: Before you proceed with any legal action in Bixby, Oklahoma, you should seek the advice and counsel of a good Bixby, Oklahoma attorney. He or she will be indispensable in helping you succeed in your lawsuit.

Drafting The Complaint: In Bixby, Oklahoma, the first 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 determine if they add up to a valid 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: When you have decided that you want to file a lawsuit in Bixby, Oklahoma, and have drafted the complaint, your next major 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 basic 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 specific ways. The first 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.

Await Defendant's Response: In Bixby, Oklahoma, 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 Bixby, Oklahoma Tort Lawyer Help?

Filing a lawsuit in a Bixby, Oklahoma court is a bit more complicated than the basic outline laid out above.

Accordingly, it's always a good idea to speak with a Bixby, Oklahoma litigation attorney if you are contemplating filing a lawsuit against a person or company.