Litigation Lawyers in Tahlequah
If you are a resident of Tahlequah, 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 several things you need to consider, and the decision to sue someone should not be made without the counsel of a Tahlequah, Oklahoma civil litigation attorney.
Once you hire a Tahlequah, Oklahoma litigation attorney, he or she will be able to advise you on your chances of succeeding in your lawsuit. Furthermore, 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 Tahlequah, Oklahoma
Consultation with your attorney: Before you file a lawsuit in a Tahlequah, Oklahoma court, you need to meet and confer with a local lawyer. You lawyer in Tahlequah, Oklahoma can advise you on whether or not your lawsuit has merit, and how possible it is to prevail.
Drafting The Complaint: Once you determine that pursuing a lawsuit in Tahlequah, 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 procedure, 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 usually asks the court for particular 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 Tahlequah, Oklahoma states that the defendant be given advance notice of the lawsuit as a matter of general 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, generally through the use of a paid process server.
Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Tahlequah, Oklahoma, the defendant has time to respond. They usually do so by drafting an answer to the complaint, in which they deny the plaintiff's allegations, or assert a legal defense. If the defendant fails to respond within a set period of time, they will be in default, and you may be able to get a "default judgment" against them, in which all of your allegations against the defendant are viewed as if the defendant admitted them, and you only need to prove that you've suffered losses that warrant the damages you're asking for.
How Can A Tahlequah, Oklahoma Tort Lawyer Help?
As you can see, it can be a complicated and difficult process to file a lawsuit in Tahlequah, Oklahoma, and it is, in fact, much more complicated than the basic outline you just read.
If you have suffered a legal wrong in and decide to sue the person who you believed wronged you, you should consult with a qualified Tahlequah, Oklahoma attorney.