Litigation Lawyers in Prineville

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

Once you contact a Prineville, Oregon litigation attorney, he or she will be able to advise you on your chances of succeeding in your lawsuit. Moreover, 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 Prineville, Oregon

Consultation with your attorney: Before you continue in any legal action in Prineville, Oregon, you should speak with a reliable local attorney in Prineville, 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 a Complaint: Once you have decided to go through with filing a lawsuit in a Prineville, Oregon 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, 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. Prineville, Oregon has particular 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 Defendant's Response: When you have served the defendant with the complaint in Prineville, Oregon, 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 Prineville, Oregon Tort Lawyer Help?

The basic outline above does not come close to covering all the specifics involved in filing a lawsuit in Prineville, Oregon.

Thus, if you want to file a lawsuit against someone in Prineville, Oregon, you should not delay to talk with an attorney, who will be able to advise you on the best way to proceed.