Litigation Lawyers in Lone Grove
If you are a resident of Lone Grove, Oklahoma 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 various things you need to consider, and the decision to sue someone should not be made without the counsel of a Lone Grove, Oklahoma civil litigation attorney.
The Lone Grove, Oklahoma attorney you end up retaining 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 Lone Grove, Oklahoma
Consultation with your attorney: Before you continue in any legal action in Lone Grove, Oklahoma, you should speak with a reliable local attorney in Lone Grove, 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 a Complaint: Once you have decided to go through with filing a lawsuit in a Lone Grove, Oklahoma court, you need to draft a complaint, with the help of your lawyer. A complaint is typically the initial step in actually filing a lawsuit. The complaint is the plaintiff's first opportunity to lay out the allegations against the defendant. If a complaint doesn't allege facts that add up to a legitimate lawsuit (that is, even if everything alleged in the complaint is true, the defendant has still not committed a legal wrong that the court can compensate), the case will have to be dismissed. When a case is dismissed for this reason, the court typically gives the plaintiff a chance to re-submit the complaint, with the errors corrected.
Serving The Defendant: Once you have drafted your complaint, you need to serve the defendant with it, and file it with the court. Lone Grove, 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 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 Defendant's Response: When you have served the defendant with the complaint in Lone Grove, Oklahoma, the defendant has time to respond. The most prevalent response is known as an "answer," in which they particularly 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 Lone Grove, Oklahoma Tort Lawyer Help?
This simple outline is meant to give you a basic idea of what goes into filing a lawsuit in Lone Grove, Oklahoma, but it is by no means a comprehensive guide.
Thus, if you want to file a lawsuit against someone in Lone Grove, Oklahoma, you should not delay to talk with an attorney, who will be able to advise you on the best way to proceed.