Litigation Lawyers in Henryetta
If you are a resident of Henryetta, 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 Henryetta, Oklahoma civil litigation attorney.
The Henryetta, 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 Henryetta, Oklahoma
Consultation with your attorney: Before you continue in any legal action in Henryetta, Oklahoma, you should speak with a knowledgeable local attorney in Henryetta, Oklahoma. 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 Henryetta, 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 typically ask the court to provide 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 Henryetta, Oklahoma 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, usually through the use of a paid process server.
Await Defendant's Response: When you have served the defendant with the complaint in Henryetta, 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 Henryetta, Oklahoma Tort Lawyer Help?
Filing a lawsuit in a Henryetta, Oklahoma court is a bit more intricate than the basic outline laid out above.
If you have suffered a legal wrong in and decide to sue the person who you believed wronged you, you should speak with a qualified Henryetta, Oklahoma attorney.