Litigation Lawyers in Newcastle
If you are a resident of Newcastle, 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 many things you need to consider, and the decision to sue someone should not be made without the counsel of a Newcastle, Oklahoma civil litigation attorney.
Once you retain a Newcastle, Oklahoma litigation attorney, he or she will be able to advise you on your chances of succeeding in your lawsuit. Additionally, your lawyer can inform you on what a lawsuit is likely to cost, both in time and money. Obviously, your lawyer has some control over what it will cost you, based on their fees, and whether they bill an hourly rate, or charge on a contingency rate.
Steps for Filing a Lawsuit in Newcastle, Oklahoma
Consultation with your attorney: Before you file a lawsuit in a Newcastle, Oklahoma court, you need to meet and confer with a local lawyer. You lawyer in Newcastle, Oklahoma can advise you on whether or not your lawsuit has merit, and how likely it is to succeed.
Drafting The Complaint: In Newcastle, Oklahoma, the first 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: When you have decided that you want to file a lawsuit in Newcastle, 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 certain 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 The Response: The defendant has a specific amount of time to respond to your lawsuit, once they confirm that they've been served in Newcastle, Oklahoma. The defendant will probably respond with an answer to your complaint. An answer is a document in which the defendant admits or denies the specific factual allegations made by the plaintiff. Usually, the defendant will admit the allegations that are not seriously in dispute (for example, if the lawsuit concerns a car accident, they'll probably admit that an accident did, in fact, take place), but deny the more serious allegations (they'll probably deny that they were responsible for the accident). If the defendant fails to respond within a specific period of time, they are in "default," and basically lose the case automatically.
How Can A Newcastle, Oklahoma Tort Lawyer Help?
Filing a lawsuit in a Newcastle, Oklahoma court is a bit more complex 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 talk with a qualified Newcastle, Oklahoma attorney.