Litigation Lawyers in Claremore

If you are a resident of Claremore, 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 various things you need to consider, and the decision to sue someone should not be made without the counsel of a Claremore, Oklahoma civil litigation attorney.

The Claremore, Oklahoma attorney you end up retaining 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 Claremore, Oklahoma

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

Drafting The Complaint: Once you decide that pursuing a lawsuit in Claremore, Oklahoma 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 have drafted your complaint, you need to serve the defendant with it, and file it with the court. Claremore, Oklahoma requires that lawsuits be served on defendants in a specific 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 strongly preferred to serve defendants in person (with a disinterested third party delivering the papers to the defendant). Sometimes, however, the defendant cannot be found, or is trying to avoid service, they can be served by mail with court approval.

Await Defendant's Response: When you have served the defendant with the complaint in Claremore, Oklahoma, 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 Claremore, Oklahoma Tort Lawyer Help?

This article gives you a basic picture of what is required to file a lawsuit in Claremore, Oklahoma. However, it should not, under any circumstances, be read as a complete guide to the litigation process.

Therefore, if you want to file a lawsuit against someone in Claremore, Oklahoma, you should not hesitate to speak with an attorney, who will be able to advise you on the best way to proceed.