Litigation Lawyers in Lincoln City

If you are a resident of Lincoln City, Oregon 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 many things you need to consider, and the decision to sue someone should not be made without the counsel of a Lincoln City, Oregon civil litigation attorney.

Once you retain a Lincoln City, Oregon 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 Lincoln City, Oregon

Consultation with your attorney: Before you continue in any legal action in Lincoln City, Oregon, you should speak with a seasoned local attorney in Lincoln City, Oregon. 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 Lincoln City, Oregon, once you have decided to file a lawsuit, the initial thing you normally have to do is draft a complaint. The complaint is a document that contains all of the allegations you're making against the defendant (the person whom you are suing). It normally must allege all of the facts necessary to constitute a cause of action, though in some systems, very few facts are strictly required to be alleged. It also usually has, at the end, a "prayer" (request) for relief. This final section tells the court what type of relief the plaintiff wants, should the court rule in the plaintiff's favor.

Serving The Defendant: Once you, or your lawyer, have drafted a complaint, the defendant must be served with it, so they have notice that they're being sued, and are given time to prepare a defense. Lincoln City, Oregon has certain rules governing how a complaint must be served, for the service to be valid. Personal service (having someone give the documents directly to the defendant) is preferred. However, some courts will also accept service by mail in limited circumstances, or service upon an adult member of the defendant's household.

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 Lincoln City, Oregon. The defendant will likely 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 instance, 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 Lincoln City, Oregon Tort Lawyer Help?

As you can see, it can be a complex and difficult process to file a lawsuit in Lincoln City, Oregon, and it is, in fact, much more complex 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 talk with a qualified Lincoln City, Oregon attorney.